Rule 12 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 12 is the procedure for a complaint before the National Commission, and rule 12(9) extends it, with necessary modifications, to the State Commission and the District Commission. It lists the particulars a complaint must contain, links the fee to rule 7, sets the hearing, default and adjournment rules and gives the three-month and five-month targets for decision.
This article takes the rules as amended up to G.S.R. 606(E) dated 17 August 2023, which changed only the fee Table in rule 7. Rule 12 is as published. Later amendments should be checked on the website of the Department of Consumer Affairs.
A complaint is presented in person, by an agent or by registered post and must contain five particulars: the complainant's details, the opposite party's details, the facts and when and where the cause arose, supporting documents and the relief claimed. It must come with the fee in rule 7. The National Commission follows sections 37 and 38, should decide within three months of the opposite party receiving notice (five months if analysis or testing is needed) and must record reasons for delay. State and District Commissions follow the same procedure with necessary modifications.
Rule 12(1): how and what to present
"A complaint shall be presented to the National Commission by the complainant in person or by his agent, or be sent by a registered post, addressed to that Commission, containing the following particulars":
| Clause | Particular |
|---|---|
| (a) | Name, description and address of the complainant |
| (b) | Name, description and address of the opposite party or parties, as far as they can be ascertained |
| (c) | Facts relating to the complaint and when and where it arose |
| (d) | Documents in support of the allegations in the complaint |
| (e) | The relief which the complainant claims |
The words "so far as they can be ascertained" in clause (b) mean the complainant need not know every detail about the opposite party. The "agent" is the authorised agent defined in rule 2.
Rule 12(2): the fee
"Every complaint under sub-rule (1) shall be accompanied by a fee as specified in rule 7." The fee Table, mode of payment and place of credit are in rule 7. The pecuniary limit for the National Commission, above two crore rupees by value paid as consideration, comes from the Jurisdiction Rules, 2021; the Act's own provision is in section 58. A consumer complaint filing service can check the particulars and the fee before a complaint is presented.
Rule 12(3): sections 37 and 38
"The National Commission shall, while disposing of any complaint before it, follow the procedure and conditions provided under sections 37 and 38, with such modifications as may be considered necessary by it." Section 37 deals with reference to mediation and section 38 with procedure on admission of a complaint; see our posts on section 37 and section 38. The rule gives the Commission the power to modify that procedure as it considers necessary.
Rule 12(4): appearance and default
On the date of hearing or an adjourned date the parties or their authorised agents shall appear, and where:
- the appellant or his authorised agent fails to appear, the National Commission may, in its discretion, "either dismiss the complaint for default or decide it on merits"; and
- the respondent or his authorised agent fails to appear, it "may decide the complaint ex-parte on the merits of the case".
The rule uses the words "appellant" and "respondent" in a rule about complaints; in a complaint these stand for the complainant and the opposite party. For the procedure on setting aside an ex parte order, see our article on sections 61 and 62 of the Act.
Rule 12(5) and (6): time targets
The National Commission may, "on such terms as it deems fit and at any stage of the proceedings, adjourn the hearing of the complaint, but the complaint shall be decided as far as possible within a period of":
| Case | Period |
|---|---|
| Complaint does not require analysis or testing of commodities | Three months from the date of notice received by the opposite party |
| Complaint requires analysis or testing | Five months |
Sub-rule (6): if a complaint is disposed of after the period, "the National Commission shall record in writing, the reasons for such delay". The periods are targets, "as far as possible". Where goods must be tested, the sample procedure in rule 6 applies and the laboratory has forty-five days.
Rule 12(7) and (8): orders and publication
If, after the proceedings, the Commission "is satisfied with the allegations contained in the complaint, it shall issue order to the opposite party or parties ... directing him or them to take one or more of the actions mentioned in sub-section (1) of section 39". Section 39 is covered in our post on reliefs under section 39.
Under rule 12(8), the Commission "shall also have the power to direct that any order passed by it, where no appeal has been preferred under section 67 or where the order of the National Commission has been affirmed by the Supreme Court under that section, be published on its website or through any other media and no legal proceedings shall lie against the National Commission or any media for such publication". Publication is therefore possible only after the appeal stage has passed or the Supreme Court has affirmed the order.
Rule 12(9): State and District Commissions
"The State Commission and the District Commission shall follow the procedure specified in this rule, with such modifications as may be necessary, in respect of the complaint before them." The five particulars, the fee and the hearing rules therefore apply to complaints at every level, with modifications. For the preliminary scrutiny of complaints see regulations 7 to 9 of the Procedure Regulations.
An invented example: Sagar Engineering Ltd pays four crore rupees for a machine that does not work. It presents a complaint to the National Commission by registered post, with the five particulars, supporting documents and the fee under rule 7. The opposite party receives notice. If no testing is needed, the Commission should decide as far as possible within three months from that notice, and record reasons if it takes longer.
Need help with a National Commission complaint?
If you are preparing a complaint above the District and State limits, our consumer complaint filing team can help you draft the five particulars, assemble documents and file.
Key takeaways
- A complaint is presented in person, by an agent or by registered post, with five particulars.
- It must be accompanied by the fee under rule 7.
- The National Commission follows sections 37 and 38 with necessary modifications.
- Decision targets are three months, or five months where analysis or testing is required; reasons for delay are recorded.
- State and District Commissions follow the same procedure with modifications.
Read next
- Rule 7: fee for filing a consumer complaint
- Jurisdiction Rules, 2021: pecuniary limits
- Regulations 7-9: filing, numbering and scrutiny of complaints
- Section 58: jurisdiction of the National Commission
Disclaimer: Based on the rules, regulations and guidelines named above as published in the Gazette of India or on the CCPA website, with the amending notifications the article names (consulted on 3 October 2026). Later amendments, the Consumer Protection Act, 2019 provisions referred to, State rules and CCPA advisories should be checked. This article is general information, not legal advice; check the official text before acting.