An ACR, the acknowledgement card you get when a consumer complaint notice is sent by registered post, is your proof that the opposite party received the notice. The notice itself is not a precondition to filing a complaint under the Consumer Protection Act 2019, but it is the single most useful document you will have if the seller or service provider later claims they were never told about the grievance.
Notice first, complaint later
The Consumer Protection Act 2019 replaced the 1986 Act and changed the machinery, the pecuniary limits and the way complaints are filed, but the practical sequence has not changed. You first write to the trader or service provider setting out the problem and the relief you want. If the response is unsatisfactory, or there is none, you file a complaint before the District, State or National Commission depending on the value.
A prior notice is not mandatory for every consumer complaint, but some sectors have their own pre-complaint requirement. Insurance, banking and telecom have grievance and ombudsman routes that you are expected to use before the consumer commission. Where such a route exists, use it, because a complaint filed without it can be sent back.
What the notice should contain
- Your full name and address, and the date of the notice.
- The name and address of the trader, manufacturer or service provider.
- What you bought or the service you took, with the invoice number and date.
- The defect or deficiency, described factually and in order of events.
- The loss or damage you suffered, and the relief you want, such as refund, replacement or compensation.
- A reasonable time, commonly fifteen days, to respond.
Keep it short and factual. Do not threaten criminal action you do not intend to take; the strength of a consumer notice is the clarity of the defect and the proof that goes with it. Attach copies, never originals, of the invoice, the warranty, the photographs and any correspondence.
Sending it so that you get an acknowledgement
Send the notice by registered post with acknowledgement due, which is the ACR, and keep the postal receipt. A copy by email to the registered address helps your case, because a delivered email is itself evidence of service. If the firm has a known address for correspondence, send the notice there as well as to the registered office.
The reason to be careful about proof of service is the court's own rule on appearances. If the opposite party does not appear after proper service, the commission can proceed ex parte against them. If service is not proved, the complaint is delayed while you re-serve it. So the ACR, or the endorsed returned cover where the notice was refused, is the document that lets the complaint move even without the other side.
What the ACR proves, and what it does not
| Document | What it shows |
|---|---|
| Postal receipt | That you posted something to that address on that date. |
| ACR / AD card | That the article was served and signed for at the address. |
| Endorsed returned cover | That service was refused or the addressee was unavailable. |
| Email acknowledgement | That a copy reached the registered email address. |
The ACR proves service; it does not prove that the notice was read or that your claim is correct. It is evidence of one link in the chain, and you still have to prove the defect or deficiency itself with the invoice, the warranty and the expert or repair records.
The two-year limitation
A consumer complaint must be filed within two years from the date on which the cause of action arose, that is, from the purchase, the delivery of a defective service, or the refusal to make good the defect. This limitation is set out in the Consumer Protection Act 2019. A delay can be condoned if you show sufficient cause, but you should not rely on that, because the application for condonation is decided on the facts and can be refused.
The notice does not extend the two-year period. Sending a notice and waiting for a reply consumes part of it, so send the notice early and file within time if the reply does not come.
Where the complaint is filed, and the fee
Jurisdiction depends on the value of the goods or services paid as consideration. The pecuniary limits were revised by rules notified in 2021: the District Commission now hears claims up to fifty lakh rupees, the State Commission from fifty lakh to two crore rupees, and the National Commission above two crore rupees. Where the claim falls, that is the commission you approach, and it is normally the one where the opposite party resides or carries on business.
The fee is fixed by a schedule that is graded by the value of the claim, and it is paid by a demand draft or, for online filing, electronically. The amounts in the schedule have been revised, so confirm the current figure before paying rather than working from an old table.
Filing online through e-Daakhil
Complaints can be filed online through the e-Daakhil portal, which the National Commission set up for consumer cases. You register, fill the complaint, upload the notice, the ACR and the supporting documents, and pay the fee online. The portal is used across commissions in the country, including in West Bengal, and it saves a trip to the commission for the initial filing.
How to word the notice
A good notice reads like a short chronology, not a complaint letter. Start with the purchase: what you bought, from whom, on what date, and for how much. Then set out what went wrong, in the order it happened, with dates. Then state what you asked for and what you were told. End with the relief you want and the time you are giving for a reply.
Avoid adjectives and accusations. "The machine stopped working on the fourth day and the service centre refused to repair it under warranty" is stronger than "the company cheated me with a defective product". The first sentence tells the commission what to examine; the second invites a denial. Attach the invoice, the warranty card, the service records and the photographs, and refer to each attachment by number in the body of the notice.
If the claim has a value, state it. A notice that asks for "appropriate compensation" without a figure is harder to act on, and the commission will want to know the amount claimed when it fixes the fee and the pecuniary jurisdiction. Keep a copy of the notice exactly as posted, because the version you file must match the version you served.
After you file: what to expect
Once the complaint is admitted, the commission issues notice to the opposite party and gives them time to file a written reply. You then file your rejoinder if needed, and the commission may attempt a settlement at the first hearing. If no settlement is reached, the matter proceeds to evidence, with affidavits and documents, and then to arguments.
The timeline is not fixed and depends heavily on the commission's docket. A straightforward deficiency case can be decided in a few months; a contested one with expert evidence can take much longer. What you control is the quality of the record: the notice, the ACR, the invoice and the proof of the defect. Those documents decide most consumer cases long before the arguments begin.
Getting the notice and the papers right
Most consumer complaints that fail early are not weak on merits; they are weak on paper. A notice that does not identify the defect precisely, an ACR that is missing, or a complaint filed just after the two-year period ends will cost you more than the dispute is worth.
There is also the question of a second notice. If the reply to the first notice is evasive, you do not have to serve a fresh notice before filing; you can place the notice, the ACR and the reply before the commission and let it draw its own conclusion. Only where a sector rule specifically requires a fixed notice period, as in some insurance and banking complaints, must you wait the stated time before approaching the forum.
If you want the notice drafted and served correctly, and the complaint prepared for the commission, see the services we offer or read our other guides. You can also request a consultation before you post the notice, so the claim is framed the way the commission will read it.