E-filing

In one minute

The Consumer Protection Act, 2019 allows a consumer complaint to be filed electronically, the fee to be paid electronically, the hearing to be held by video conferencing, and notices to be served by electronic means. This saves travel and cost, and it helps a consumer file where he lives.

In exams, this topic is asked as a short note on e-filing and other electronic features of the 2019 Act. The usual trap is to confuse e-filing, which is a procedure, with e-commerce, which is the market that the Act also regulates.

Legal provision

• Section 35(1), proviso: a complaint may be filed electronically in the manner prescribed.
• Section 35(2): the fee is payable in the manner prescribed, including in electronic form.
• Section 38(6): a party may be heard in person or through video conferencing, with leave of the Commission.
• Section 38(4): the Commission may require an electronic service provider to give information, documents or records.
• Section 65: notices may be served by registered post, speed post, an approved courier, or any other mode including electronic means. A notice may also be served on an electronic service provider at the address on its platform.
• Section 17: a complaint of violation of consumer rights as a class may be sent in writing or in electronic mode to the District Collector, a regional Commissioner or the Central Authority.
• Section 2(16) and 2(17): definitions of e-commerce and of electronic service provider.
• Section 94: the Central Government may take measures to prevent unfair trade practices in e-commerce and direct selling.

Meaning and definition

E-filing means making a complaint and other filings through an electronic system, instead of on paper at the registry. The Act does not itself describe the portal or the format. It leaves the manner to be prescribed by rules, and a government online system for consumer complaints has been provided for this purpose.

Detailed explanation

Step 1: Electronic complaint

• A complaint under section 35(1) may be filed electronically. The complainant need not go to the Commission's office.
• Together with section 34(2)(d), which lets a complaint be filed where the complainant resides or works for gain, this lets a consumer file near his home, even against a seller in another city.

Step 2: Electronic payment of fee

The fee that must accompany a complaint may be paid in electronic form (section 35(2)). This removes the need for a demand draft or a challan.

Step 3: Hearing by video conferencing

• A complaint is heard on affidavits and documents on record (section 38(6)).
• If a party applies for an in-person hearing or examination, the Commission may allow it in person or by video conferencing, on sufficient cause and after recording its reasons in writing.

Step 4: Electronic service of notice

• Notices may be served by electronic means, as an alternative to post (section 65(1)).
• A notice may be served on an electronic service provider at the address it gives on its platform. The provider must designate a nodal officer (section 65(2)).

Step 5: Electronic service providers

• An electronic service provider is a person who provides technologies or processes to enable a product seller to advertise or sell to a consumer. It includes an online market place or an online auction site.
• The Commission may order such a provider to give information, documents or records needed to decide the complaint (section 38(4)).

Step 6: Online buying is covered

• The Explanation to section 2(7) says that buying goods or hiring services includes offline or online transactions through electronic means, teleshopping, direct selling or multi-level marketing.
• E-commerce means buying or selling of goods or services, including digital products, over a digital or electronic network (section 2(16)).
• Section 94 allows the Central Government to take measures to prevent unfair trade practices in e-commerce and direct selling.

Step 7: Electronic complaints to the regulator

A complaint of violation of consumer rights as a class, of unfair trade practices or of false or misleading advertisements may be forwarded in writing or in electronic mode. It goes to the District Collector, the Commissioner of a regional office or the Central Authority (section 17).

Step 8: Practical limits

• The detailed manner of filing is set by rules and regulations, and a complainant must follow them.
• Documents and evidence still need to be filed in the form the Commission requires. The Commission may call for originals.
• The two-year limitation period of section 69 applies to electronic complaints as well.

1. 1. File the complaintElectronically, as the proviso to section 35(1) allows.
2. 2. Pay the feeIn electronic form (section 35(2)).
3. 3. Notice to the opposite partyBy electronic means, or to an electronic service provider at its platform address (section 65).
4. 4. HearingOn affidavits and documents, or by video conferencing with leave (section 38(6)).
5. 5. Information from platformsThe Commission may require an electronic service provider to give records (section 38(4)).

Don't confuse: e-filing and e-commerce

Point	E-filing	E-commerce
Meaning	Filing a complaint by electronic means	Buying or selling over a digital or electronic network
Nature	A procedural facility	A market that the Act covers
Section	35(1) proviso, 35(2), 38(6), 65	2(16), 2(7) Explanation, 94

Common mistakes

• Thinking that e-filing changes the limitation period. Section 69 applies.
• Thinking that hearings are always by video. Video conferencing needs leave.
• Confusing e-filing with e-commerce.
• Forgetting that notices can be served electronically.
• Forgetting that the Commission can order an online platform to give information.

Apply it

Leading case laws

This topic rests on the text of the Act and the rules made under it. No judgment in this collection is relied on for it.

How to write this answer in the exam

Key points to remember

• Complaint may be filed electronically (section 35(1) proviso).
• Fee may be paid in electronic form (section 35(2)).
• Video conferencing hearing with leave (section 38(6)).
• Notices by electronic means (section 65).
• Limitation of two years still applies.

Quick self-test

Related topics

• Procedure for filing a consumer dispute
• Definition of Consumer
• Continuous cause of action