One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: The National Consumer Helpline is only a mediation and facilitation platform—it cannot force a company to refund, replace, or compensate. If your NCH complaint stalls, you must take the matter to a consumer commission, which can pass binding orders. Here’s exactly how that works, and what a client did when NCH let him down twice.
Around late August 2024, a software engineer from Nagpur, Mr. Ravi Shankar, ordered his usual dinner essentials through Zomato. The app promised a specific meal pack—but what arrived was a cheaper, entirely different item. He raised the issue immediately with Zomato’s chatbot. The response was a standard apology, and a flat refusal to issue a refund. He then filed a complaint on the National Consumer Helpline portal. Zomato submitted a reply on the NCH dashboard, reiterating that they had apologised to the customer and would not be processing any refund or exchange. The matter just sat there. It didn’t move. Around the same time, Mr. Shankar bought a pack of Mother Dairy protein lassi from a local supermarket. The seal was intact, but the contents had curdled. He fell ill. Mother Dairy’s support line took his complaint, promised a callback—and then nothing. His emails went unanswered. Another NCH complaint yielded zero response from the company. Not even an acknowledgment. He spoke to a few advocates in Nagpur. Most suggested he wait. The NCH would sort it out, they said. It didn’t. By early December 2024, with both complaints in limbo, he approached the Chamber of Advocate Sudhir Rao. The very first thing that changed was the strategy: stop treating NCH as a court. Advocate Sudhir Rao and his office explained that NCH’s role ends at forwarding grievances and nudging companies. They prepared structured consumer complaints under the Consumer Protection Act, 2019, and filed them before the District Consumer Disputes Redressal Commission, Nagpur. The commission admitted the cases swiftly. Zomato was directed to refund the money plus pay a small compensation for deficiency in service. Mother Dairy chose to settle the matter after receiving the notice, offering a full refund and additional ex-gratia compensation within two weeks. Both matters closed within four months. Advocate Sudhir Rao’s specialised understanding of the consumer forum’s evidentiary requirements and the precise averments needed under the 2019 Act helped secure these outcomes without protracted litigation.Key Facts of the Case
- The National Consumer Helpline forwarded the complaint to Zomato; the company responded on the portal saying no refund would be given, and the case remained unresolved for months.
- Mother Dairy simply did not respond to the NCH complaint at all, despite the product being spoiled and causing health issues.
- The client was left with no enforceable remedy through NCH, since it cannot pass any binding order or compel a company to act.
- The client approached the Chamber of Advocate Sudhir Rao after initial efforts, including consulting general practitioners, failed to move the matters forward.
- Filing consumer complaints directly before the District Consumer Commission under the Consumer Protection Act, 2019 activated a legal process with enforceable orders.
- Zomato was ordered to refund and pay compensation for deficiency in service; Mother Dairy settled before the formal hearing, offering full refund and compensation.
- The cases were resolved without the need for prolonged litigation, because the pleadings were framed with precise legal grounds and documentary evidence was attached from day one.
- NCH is not a court or tribunal—it’s a grievance facilitation platform, and understanding that distinction was key to getting results.
The Direct Legal Answer
Is NCH useless? What’s even the point of it?
NCH is useful—but only as a first step. Think of it as a structured, government-backed email forwarder. It sends your complaint to the company and nudges them to reply. That’s it. It cannot force a refund, replacement, or compensation. If the company simply says no, or stays silent, the NCH process ends with a dead file. Its true value is that a complaint lodged there creates an official record, which can help show that you attempted an amicable resolution before approaching a consumer commission. So no, it isn’t useless—but it’s powerless to enforce a remedy.
Why do companies even get scared of customers doing an NCH case when it’s so powerless?
They aren’t scared of NCH itself. They’re scared of escalation. A consumer who knows enough to file an NCH complaint also knows how to take the matter to a consumer commission. Some companies have internal protocols that trigger a proper response when they receive an NCH notice, simply to avoid the time and cost of defending a formal legal case. Others, as you saw, don’t bother. That’s why you need a plan B from the outset—a plan B that involves a forum with real teeth.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Don’t abandon the NCH route altogether—use it to create a record while you prepare your consumer complaint. Keep screenshots of every interaction. And here’s the thing: the drafting of the consumer complaint matters a great deal. A vaguely worded complaint can lead to dismissal on technical grounds. Matters like these, especially where the product was defective or the service deficient, require an advocate who regularly handles consumer disputes and understands the procedural snags that can trip up a layperson. General familiarity with the law often isn’t enough.
File the consumer complaint without unnecessary delay. The limitation clock is ticking.
Applicable Sections of Law
These cases were governed entirely by the Consumer Protection Act, 2019. Section 2(11) defines deficiency in service—the very thing that happened when Zomato delivered the wrong item and refused to make it right. Section 2(6) covers defects in goods, which applied to the spoiled Mother Dairy product. The complaints were filed under Section 35, which allows a consumer to approach the District Commission for relief. Section 47 vests jurisdiction in the District Commission where the complainant resides or the cause of action arises. Section 38 empowers the commission to pass interim orders if necessary. Section 88 provides for mediation, which is what effectively resolved the Mother Dairy matter.
Jurisdiction — Where to File the Case
For consumer disputes, the District Consumer Disputes Redressal Commission has jurisdiction if the value of goods or services and compensation claimed does not exceed Rs. 1 crore. Territorial jurisdiction lies where the complainant actually and voluntarily resides, or where the opposite party carries on business, or where the cause of action arose. In Mr. Shankar’s case, the complaint was filed in Nagpur because he resided there and the online orders were placed from his home. Jurisdiction is crucial—filing in the wrong district commission leads to return of the complaint and needless delays.
Limitation Period
Under Section 35(2) of the Consumer Protection Act, 2019, a complaint must be filed within two years from the date on which the cause of action arises. The clock starts when the deficiency or defect first occurs. If you miss this deadline, your complaint can still be entertained if the commission is satisfied that the delay was for sufficient cause. Condonation of delay isn’t automatic—you must file a formal application explaining the reasons. Don’t sit on your rights.
Interim Reliefs Available
Consumer commissions are not as free with interim orders as civil courts, but they can grant them under Section 38 if the circumstances demand it. In cases involving perishable goods or ongoing harm, a commission may direct preservation of evidence or restrain a party from dissipating assets. An interim order is typically not granted unless the applicant shows irreparable injury. While it’s less common to seek an injunction in a simple refund case, the option exists and should be evaluated early—especially if the opposite party is likely to evade enforcement. Having an advocate who can determine whether an interim application will speed things up, or just clutter the file, makes a real difference.
If You Are the Victim
- Lodge an NCH complaint as a starting point, but set a mental deadline: if it doesn’t yield results within 30 days, move on.
- Gather all proof—order screenshots, chat logs, emails, call recordings, product photos, and the NCH reference number.
- Consult an advocate who specialises in consumer law and has filed matters before the district commission.
- Send a legal notice before filing the consumer complaint; it often opens the door to settlement.
- File the complaint with proper documentation and a clear prayer—refund, compensation, and costs.
Documents You Must Keep Ready
- Identity proof (Aadhaar card, PAN card)
- Address proof of the complainant
- Invoice, receipt, or order confirmation from Zomato, or purchase bill for the Mother Dairy product
- Screenshots of the app showing the wrong item delivered
- Photographs of the spoiled product or packaging
- Copies of all email and chat communication with the companies
- NCH complaint details and the company’s response, if any
- Bank statement or wallet transaction record showing the payment
What Evidence Is Required?
- Order history and payment proof—essential to establish the consumer–service provider relationship.
- Photographs clearly showing the wrong item received or the spoiled product.
- Correspondence trail demonstrating that you raised the issue and the company refused to act.
- NCH complaint records and the company’s reply, or lack of reply—this bolsters the deficiency claim.
- Any medical record if the spoiled product caused health issues, though not mandatory for establishing defect.
- Affidavit of the complainant narrating the facts in a structured manner.
- Any witness willing to corroborate, though consumer commissions usually rely on documentary evidence.
How Courts Typically Approach Such Cases
Consumer commissions treat straightforward deficiency cases with relative speed. The moment you can show that you paid for a service or product and what you received was not what was promised, the burden shifts to the company to explain why. Commissions frown upon arbitrary refusals. And in product-defect matters, where a sealed item is spoiled, the manufacturer’s defence is thin. The Nagpur commission handled Mr. Shankar’s Zomato matter in just a few hearings, because the evidence was plain and the company’s reply was evasive. The forum is designed to be summary; it doesn’t tolerate dilatory tactics lightly.
Timeline of Legal Process
- Notice & filing: Consumer complaint drafted and filed with the District Commission. This can take 7–15 days after consultation.
- Scrutiny & admission: The registry checks the complaint for defects; if in order, it’s admitted within 2–4 weeks.
- Notice to opposite party: The commission issues notice asking for a written statement, usually within 30 days from receipt.
- Reply and rejoinder: After the company’s reply, the complainant may file a rejoinder. This phase can last 4–8 weeks.
- Evidence and arguments: Parties submit evidence by affidavit, then argue. The commission may hold one or two oral hearings.
- Judgment: The commission pronounces the order, ideally within 3–5 months of filing if the matter is uncontested or straightforward.
- Execution: If the order isn’t complied with, execution proceedings can be initiated within one year.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes, and in consumer cases, settlement is very common. The Consumer Protection Act, 2019 explicitly provides for mediation through Section 88. Before the complaint is taken up for regular hearing, the commission may refer parties to mediation if both sides consent. In Mr. Shankar’s case, Mother Dairy opted to settle once they received the commission’s notice—no formal mediation session was even needed. A settlement can take the form of a consent order, which has the same binding force as a decree. But you should never agree to a settlement that undervalues your claim merely to end the hassle. Have your advocate assess the offer.
Common Mistakes People Make
- Treating NCH as a court: waiting indefinitely for an NCH resolution when the platform has no enforcement power.
- Delaying the consumer complaint: missing the two-year limitation window, which can be fatal.
- Filing the complaint without adequate evidence: vague pleadings that fail to attach invoices, screenshots, or communication logs.
- Engaging a lawyer without relevant domain experience: consumer law has its own procedural rhythm and evidentiary presumptions; a generalist may draft a complaint that doesn’t meet the commission’s expectations, or miss the right prayer, weakening the case.
- Posting grievances on social media before consulting a lawyer: statements made publicly can sometimes be used by the opposite party to allege defamation or muddy the narrative.
- Accepting a token apology as a full remedy: letting a company close the complaint by saying “sorry” without any compensation.
Frequently Asked Questions
Can I directly go to consumer court without filing on NCH?
Absolutely. There is no requirement to first exhaust NCH. You can file a consumer complaint straight away. But having an NCH complaint on record sometimes helps show that you made a pre-litigation attempt to resolve the issue.
Will the consumer commission entertain a small claim like Rs. 500?
Yes. The Consumer Protection Act, 2019 does not set a minimum claim value. Even a small claim can be filed. The commission may also award costs and compensation over and above the refund.
What if the company does not respond to the consumer commission notice?
The commission can proceed ex-parte. If you’ve submitted adequate proof, the commission may pass an order in your favour even if the other side remains absent.
Do I need a lawyer for a consumer forum case?
You can appear in person, but consumer commissions expect structured pleadings. A lawyer familiar with the Consumer Protection Act will present your case in a manner the commission can act upon quickly. A lot of self-filed complaints get dismissed on technical grounds.
How long does a consumer case actually take?
Simple deficiency cases can resolve within 4–6 months from filing. Contested matters may stretch longer, but the Act mandates that complaints be decided as expeditiously as possible. Practical timelines depend on the commission’s workload.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India