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Section 35 of the Consumer Protection Act, 2019: How a Complaint Is Filed

A complaint about goods sold, delivered or agreed to be sold or delivered, or a service provided or agreed to be provided, may be filed with a District Commission by (a) the...

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Consumer Protection
Published
October 3, 2026
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Oct 3, 2026
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Last updated: October 2026Verified against: Government sources

Section 35 is the starting point of a consumer case. It lists who may file a complaint before a District Commission: the consumer, a recognised consumer association, one or more consumers acting for many with the Commission's permission, and the Central Government, the Central Authority or a State Government. It allows electronic filing in the prescribed manner and requires a prescribed fee. Before you file, a consumer complaint filing review of who your complainant is and what the complaint alleges can save a rejection later.

Section 35 at a glance

ProvisionWho or whatKey point
35(1)(a)The consumerTo whom goods sold or service provided, or who alleges unfair trade practice
35(1)(b)Recognised consumer associationMembership of the consumer is not required
35(1)(c)One or more consumers for numerous consumersWith permission of the District Commission
35(1)(d)Government or AuthorityCentral Government, Central Authority or State Government
ProvisoElectronic filingIn such manner as may be prescribed
Explanation"Recognised consumer association"Any voluntary consumer association registered under any law for the time being in force
35(2)FeeAs prescribed, payable in the prescribed manner including electronic form

Section 35(1): the subject matter

A complaint "in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a District Commission". Note the words "agreed to be sold or delivered" and "agreed to be provided": a complaint can arise even before delivery. For the meaning of "complaint", see our article on the definitions of consumer and complaint. Which Commission to choose depends on section 34; see our article on section 34.

The four kinds of complainant

(a) The consumer

The consumer "(i) to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided; or (ii) who alleges unfair trade practice in respect of such goods or service". Limb (ii) is wide: a person alleging unfair trade practice in respect of goods or services can file even without being the buyer. The text does not say how close the person's link to the goods or service must be, beyond being a "consumer" as defined in section 2(7).

(b) A recognised consumer association

"Any recognised consumer association, whether the consumer to whom such goods are sold ... or who alleges unfair trade practice ... is a member of such association or not". The Explanation defines it: "any voluntary consumer association registered under any law for the time being in force". So registration under any law is needed; membership of the aggrieved consumer is not.

(c) Numerous consumers with the same interest

"One or more consumers, where there are numerous consumers having the same interest, with the permission of the District Commission, on behalf of, or for the benefit of, all consumers so interested". Two conditions: the consumers must be numerous with the same interest, and permission of the District Commission is needed. The text does not say how many consumers count as "numerous". Later, section 38(11) applies the Code of Civil Procedure rule on representative suits, with changes, to such a complaint; see our article on section 38.

(d) Governments and the Central Authority

"The Central Government, the Central Authority or the State Government, as the case may be". This matches the complainant list in section 2(5) (iii) and (iv).

ComplainantNeeds permission?Needs to be a member of an association?
ConsumerNoNot applicable
Recognised associationNoNo, consumer's membership is not required
One or more consumers for manyYes, of the District CommissionNot applicable
Government or AuthorityNoNot applicable

Gap to note. Section 2(5) also lists a legal heir or legal representative of a deceased consumer and a parent or guardian of a minor as complainants. Section 35(1) does not repeat them in its four limbs. The two provisions are to be read together; the text does not say how, so a filer in those situations should state the basis under section 2(5) in the complaint.

Example. Fifty buyers of a flat in one project have the same complaint of delayed handover. One of them applies to file on behalf of all, asking the District Commission for permission under limb (c). If permission is granted, that complaint proceeds on behalf of all the interested buyers.

The proviso and 35(2): electronic filing and fee

Electronic filing. "Provided that the complaint under this sub-section may be filed electronically in such manner as may be prescribed." The manner is in the rules. The Act names no portal or website, and this article gives no steps. For the site's guide to online filing, see How to File Consumer Complaint Online: E-Daakhil.

Fee. "Every complaint filed under sub-section (1) shall be accompanied with such fee and payable in such manner, including electronic form, as may be prescribed." The amount, the slabs and the way of payment are set by rules. This article states no fee. The text does not say whether any complaint is exempt, or what happens to a complaint filed without the fee.

Practical checklist

StepWhy
Identify your limb under 35(1)Consumer, association, group or Government
Check value and placeSection 34
State the allegation in writingSection 2(6) defines a complaint as a written allegation
Attach proofBill, payment, communications
Pay the prescribed feeSection 35(2)
Mind the limitation periodDealt with in a later section; see our article on section 69 when published

After filing, the Commission decides on admission; see our article on section 36. For a plain-language walkthrough, see How to File Consumer Complaint at District Forum.

What section 35 leaves out

  • No form, no list of annexures and no maximum length of the complaint.
  • No fee amount or exemption.
  • No number for "numerous consumers".
  • No mention of an advocate; whether a complainant can appear in person or through an advocate is for rules and procedure.
  • No statement on what happens if the wrong limb is used.

Need help filing your complaint?

A complaint that identifies the right complainant, states the allegation precisely and attaches the right papers starts on firmer ground. We can draft the complaint, check the fee and file it for you. Reach out through consumer complaint filing and keep the bill, payment proof and all messages with the seller ready.

Key takeaways

  • Four kinds of complainant may file before a District Commission: consumer, recognised association, one or more consumers for many (with permission), and Governments or the Central Authority (35(1)).
  • A complaint may be filed electronically in the prescribed manner.
  • The prescribed fee must accompany every complaint (35(2)).
  • Section 35 does not state the fee, the form or the portal.
  • A recognised association means any voluntary consumer association registered under any law.

Read next

Disclaimer: Based on the Consumer Protection Act, 2019 as enacted, as consulted on 1 October 2026. Monetary limits, fees and procedure are set or revised by rules and regulations made under the Act and should be checked in their current form. This article is general information, not legal advice; check the official text before acting.

Quick recapKey facts & short answers

Key Facts About Section 35

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Who can file a consumer complaint?

A consumer, a recognised consumer association, one or more consumers for many with the same interest (with permission), or the Central Government, Central Authority or a State Government (35(1)).

Can I file for a family member who died?

Section 2(5)(vi) names a legal heir or legal representative of a deceased consumer as a complainant. Section 35(1) does not list them separately.

What is not written down will be remembered differently by everyone involved.

— TaxClue Compliance Desk

Section 35: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

A consumer, a recognised consumer association, one or more consumers for many with the same interest (with permission), or the Central Government, Central Authority or a State Government (35(1)).

Section 2(5)(vi) names a legal heir or legal representative of a deceased consumer as a complainant. Section 35(1) does not list them separately.

No. A recognised association can file whether or not the consumer is its member.

Yes, in the manner prescribed (proviso to 35(1)). The Act names no portal.

The prescribed fee. The Act leaves the amount to rules.

Yes, with the permission of the District Commission, where numerous consumers have the same interest (35(1)(c)).