Diwan Advocates

Consumer Law Practice

A homebuyer pays instalments for three years. The builder delivers a flat with structural defects and missing amenities that were promised in the brochure. The buyer wants compensation, not a discount on the next unit.

A hospital performs a procedure without explaining the risks or obtaining proper informed consent. The patient suffers complications that a properly warned patient might have avoided. This is both a consumer complaint and a professional negligence claim.

Consumer law in India gives individuals and small businesses real remedies against service providers, manufacturers, and traders. The forums are accessible, the timelines are statutory, and the remedies include compensation that goes beyond the direct loss. At Diwan Advocates, we represent complainants and respond on behalf of service providers and companies.

The Consumer Protection Act, 2019

The Consumer Protection Act, 2019 replaced the 1986 Act and brought significant changes to the way consumer disputes are filed, heard, and decided. The definition of consumer is broad: it covers any person who buys goods or hires services for consideration, but not someone who purchases for commercial resale. The Act covers defective goods, deficient services, unfair trade practices, restrictive trade practices, and misleading advertisements.

The Three-Tier Forum Structure

Complaints are filed before the District Consumer Disputes Redressal Commission for claims up to one crore rupees, before the State Commission for claims between one and ten crore rupees, and before the National Consumer Disputes Redressal Commission for claims above ten crore rupees. Appeals lie upward through the structure and ultimately to the Supreme Court. The Central Consumer Protection Authority has powers to investigate unfair trade practices and misleading advertisements and to issue directions and impose penalties.

Mediation

The 2019 Act introduced a mandatory mediation referral at the admission stage. A complaint that appears to be fit for settlement is referred to the consumer mediation cell attached to the commission. Mediation is time-bound and does not prevent the complainant from pursuing the complaint if it fails. For businesses responding to complaints, mediation is often the most cost-effective path to resolution.

E-Commerce and Product Liability

The 2019 Act introduced a product liability framework that covers manufacturers, sellers, and service providers. A complainant does not need to prove negligence where the product was defective or did not conform to express warranty. E-commerce platforms are now subject to their own obligations under the Consumer Protection (E-Commerce) Rules: they must display seller information, provide grievance redressal mechanisms, and not engage in flash sales designed to manipulate consumers.

Why Diwan Advocates for Consumer Law?

Legislative Reference Index

Consumer disputes have statutory timelines. Filing on time and in the right forum determines whether a remedy is available.

Diwan Advocates is ready.

Diwan Advocates  |  Delhi, India