Consumer Complaint Time Limit in India: 2 Years
October 18, 2026 · 7 min read
You have two years. Under Section 69 of the Consumer Protection Act, 2019, a consumer commission won't admit a complaint unless it is filed within two years from the date the cause of action arose. The old 1986 Act had the same rule in Section 24A, so older judgments on it still apply.
The harder question is when those two years start. That depends on what went wrong, and it is where most complaints get thrown out.
When the two years start
The cause of action is the day your right to complain arose. In practice, commissions usually look at these dates:
| Complaint about | Two years usually run from |
|---|---|
| Defective product | When the defect showed up, or when the seller or brand refused to repair or replace it |
| Insurance claim rejected | The date of the repudiation letter. Writing back to the insurer doesn't move this date |
| Flat not handed over by the builder | Usually treated as a continuing wrong while possession is withheld and the money isn't refunded |
| Medical negligence | When the patient knew, or should have known, about the negligence |
| Refund not paid (online order, cancelled booking) | The date the refund was due, or the date it was refused |
| Bank or telecom service failure | The date of the failure, or the date your complaint to them was finally rejected |
Continuing wrongs
Some wrongs don't happen on one day. They carry on. In Samruddhi Co-operative Housing Society v. Mumbai Mahalaxmi Construction (2022) the Supreme Court held that a builder's failure to get the occupancy certificate is a continuing wrong, so the time limit kept starting afresh and the society's complaint was not late. Flat buyers waiting for possession often rely on the same idea.
Medical negligence
A patient may not know for months that something went wrong in a surgery. In V.N. Shrikhande v. Anita Sena Fernandes (2011) the Supreme Court held that the two years start when the patient discovered the negligence, or could have discovered it with reasonable care, not on the date of the operation.
Reminders don't stop the clock
This catches a lot of people. You write to the company, they reply with "we're looking into it", you write again, and a year goes by. Those letters don't reset the date. In Kandimalla Raghavaiah & Co. v. National Insurance Co. (2009) the Supreme Court counted the time from the date the insurer rejected the claim, even though the insured kept writing back after that. If you've been chasing a company for a while, work out the original date now.
If you're already past two years
Section 69(2) lets the commission accept a late complaint if you show sufficient cause for the delay, and it has to record its reasons for doing so. You file an application for condonation of delay along with the complaint.
- Give the exact number of days you are late.
- Explain the whole period, not only the start. Illness, a hospital stay, the company's own promises in writing that it would fix the problem: attach proof for each.
- Don't count on it. In Anshul Aggarwal v. New Okhla Industrial Development Authority (2011) the Supreme Court reminded consumer commissions that the Act sets a short period on purpose, so delay should not be condoned as a matter of routine.
If the consumer route is closed, a civil suit for damages or for a refund may still be open, because the Limitation Act usually gives three years for those. The limitation calculator gives you the last day for the article that fits.
Which commission to file in
Since the 2019 Act, the forum depends on what you paid for the goods or service, not on how much compensation you're claiming. The limits were revised by the 2021 Jurisdiction Rules:
| Commission | Value paid |
|---|---|
| District Commission | Up to Rs. 50 lakh |
| State Commission | Above Rs. 50 lakh, up to Rs. 2 crore |
| National Commission | Above Rs. 2 crore |
For the place, you can file where the company carries on business, where the cause of action arose, or where you yourself live or work (Section 34(2)).
How to file
- Write the complaint: who you are, who the opposite party is, what you bought or hired and when, what went wrong, and what you want (refund, replacement, compensation, costs).
- Attach the bill or invoice, the warranty, your emails and letters to the company, and their replies.
- Sign an affidavit supporting the facts.
- File it online on the e-Jagriti portal of the Department of Consumer Affairs, which has replaced e-Daakhil, or in person at the commission.
- Pay the fee. There is no fee for complaints up to Rs. 5 lakh in the District Commission, and a small fee above that.
What happens after filing
- The opposite party gets 30 days to file its reply, and the commission can give 15 more at most. In New India Assurance v. Hilli Multipurpose Cold Storage (2020) a Constitution Bench held that this limit can't be stretched further.
- The Act asks the commission to try to decide the complaint within three months of notice to the other side, or five months if goods need lab testing (Section 38(7)). Real cases take longer, but the time limit for filing is strict even when the commission's own isn't.
- If both sides agree in writing, the commission can send the case to mediation (Section 37).
- An appeal from the District Commission to the State Commission has to be filed within 45 days (Section 41), and the party appealing usually has to deposit half the amount ordered. The guide to appeal limitation has the other appeal periods.
When it is fraud, not just bad service
If a seller took your money with no intention of ever delivering, that can be cheating as well. Cheating was IPC 420 and is now Section 318(4) of the BNS, and it is a police matter. You can run a criminal complaint and a consumer complaint side by side, but the consumer complaint is usually the faster way to get your money back.
Questions people ask
Is the time limit for a consumer complaint two years or three?
Two years, under Section 69 of the Consumer Protection Act, 2019. The three years people mention comes from the Limitation Act, which applies to a civil suit in an ordinary court. A consumer complaint has its own rule, and the Commission can only take a complaint filed after two years if it condones the delay.
Do I need to send a legal notice before a consumer complaint?
No. The Act doesn't require one. A written complaint to the company, and a notice if they ignore it, still help, because they show you gave them a chance to fix the problem. Just remember that writing letters doesn't stop the two years from running.
Can I file a consumer complaint without a lawyer?
Yes. You can file and argue it yourself, and many people do, especially in the District Commission. You can file online on the e-Jagriti portal or at the Commission's office.
The company is in another city. Where do I file?
You can file where you live or work. Section 34(2)(d) of the 2019 Act lets a consumer file in the District Commission where they reside or personally work for gain, not only where the company sits or where the cause of action arose.
This is general information, not legal advice. Check the bare Act and speak to a lawyer before you rely on a deadline.
Try this in Law365, free on Google Play.
Get the app