Received a Consumer Commission Notice Under Section 35? How to Respond

By LegalInk Editorial · 2026-07-16

Received a Consumer Commission Notice Under Section 35? How to Respond

A consumer complaint notice under Section 35 of the Consumer Protection Act 2019 means the District Consumer Disputes Redressal Commission has admitted a complaint against your client or business and is directing you, as the opposite party, to appear and file a written reply. It is not a criminal summons, but ignoring it or responding carelessly invites real procedural consequences — including an ex parte order. Below is a structured approach to handling it.

What Section 35 Actually Does

Section 35 governs the jurisdiction and admission process of the District Consumer Disputes Redressal Commission. It allows a consumer to file a complaint where the value of goods or services and the compensation claimed does not exceed one crore rupees. On receipt, the Commission may refer the complaint for mediation or, where it finds the complaint is not frivolous, admit it and issue notice to the opposite party.

The notice under this provision is the Commission's formal intimation that the complaint has cleared the preliminary admission threshold. From the date of receipt, your reply period begins — commonly thirty days, though Commissions exercise discretion on extensions.

Who Qualifies as a "Consumer" Under Section 2(7)

Before drafting any reply, verify whether the complainant is a "consumer" under Section 2(7). The definition covers a person who buys goods or hires services for consideration, but excludes a person who obtains them for resale or any commercial purpose.

This exclusion is a frequently successful preliminary objection. If your client supplied goods or services to someone using them for a commercial purpose — resale, manufacturing input, business use — the complainant may fall outside the statutory definition, and the Commission would lack jurisdiction to entertain the complaint. Raise this at the threshold, not as an afterthought.

Reading the Notice: What to Check First

When the notice lands, work through these points before anything else:

• Pecuniary jurisdiction: Does the claimed value fall within the one-crore ceiling under Section 35? If it should have gone to the State or National Commission, jurisdiction is a preliminary objection.
• Territorial jurisdiction: Was the transaction, cause of action, or business location within the District Commission's territorial reach?
• Limitation: Consumer complaints must ordinarily be filed within two years of the cause of action. If the complaint is time-barred on its face, document that ground.
• Consumer status: Apply the Section 2(7) test above.
• Reply deadline: Note the exact date by which the written version must be filed. Commissions have become strict about defaults.

Drafting the Written Reply

The opposite party's written reply — the "written version" or "written statement" — is your primary opportunity to shape the record. Consumer Commission proceedings are less formal than civil courts, but the reply functions much like a written statement under civil procedure: facts admitted, facts denied, and affirmative defences raised.

Structure of an Effective Reply

Preliminary objections first. Lead with any jurisdictional, limitation, or consumer-status objections before addressing the merits.

Para-wise reply on merits. Respond to each numbered paragraph of the complaint — admit, deny, or put the complainant to strict proof. Vague or general denials carry little weight.

Affirmative case. If your client performed the service as contracted, delivered conforming goods, or took remedial action the complainant has not disclosed, state these facts positively. Attach supporting documents: delivery challans, service records, correspondence, warranty terms, payment receipts.

Relief sought. Conclude by specifically praying that the complaint be dismissed with costs.

Supporting Affidavit

Most District Commissions require the written reply to be accompanied by an affidavit of evidence, or at least an affidavit verifying the reply. Confirm the local practice rules of the specific Commission. Filing without the requisite affidavit can result in the reply being taken off record.

Use LegalInk's notice reply drafting tool to generate a structured first draft of the written version, which your team can then adapt to the specific facts.

Common Defences and How to Frame Them

Deficiency in service versus contractual limitation. Where the complaint alleges deficiency in service, examine whether the contract contained an enforceable limitation-of-liability or exclusion clause. Consumer law does not automatically override all contractual terms, though unfair or one-sided terms attract scrutiny.

Manufacturer versus seller distinction. If your client is a seller and the complaint concerns a manufacturing defect, the manufacturer may be the appropriate party. This does not necessarily take the seller off the record, but it shapes the relief that can be directed against each party.

No negligence. Where negligence in service is alleged, frame the positive case: the applicable standard of care, the steps taken, and how the outcome was not the result of any failure on your client's part.

Settlement and discharge. If the complainant previously accepted a refund, replacement, or compensation and executed a discharge document, produce it. A valid discharge can be a complete defence.

For businesses managing multiple ongoing consumer complaints or regulatory notices, the compliance framework at legalink.co.in offers a structured way to track response deadlines and document status across matters.

Procedural Points Not to Miss

Appearance on first date. Even if the reply is not ready, appear on the first date of hearing to seek time. Non-appearance can lead to an ex parte order.

Ex parte proceedings. If your client has already been proceeded against ex parte, apply promptly to set the order aside. The grounds are narrow but available — non-receipt of notice, or sufficient cause for absence.

Evidence stage. After pleadings, the Commission moves to evidence by affidavit. The affidavit must cover every factual point you intend to rely on; oral examination is limited in most proceedings.

Frequently Asked Questions

Is a consumer complaint notice under Section 35 the same as a court summons?

No. The notice is issued by the District Consumer Disputes Redressal Commission under the Consumer Protection Act 2019 and is administrative in character. But non-compliance or non-appearance carries serious consequences, including ex parte orders against you.

How many days do I have to file a reply after receiving the notice?

The Commission specifies the reply period in the notice — commonly thirty days. Extensions are available on application, but repeated defaults are disfavoured, and some Commissions strike out defences for chronic non-compliance.

Can I challenge whether the complainant is actually a consumer before arguing the merits?

Yes. The Section 2(7) definition excludes commercial purchasers. Raise this as a preliminary objection in the written reply. If the Commission accepts it, the complaint is liable to be dismissed at the threshold without going into merits.

What happens if the opposite party does not respond at all?

The Commission may pass an ex parte order based solely on the complainant's evidence and submissions. This frequently results in an order for refund, compensation, and costs without the opposite party having any input on record.

Bottom Line

A consumer complaint notice under Section 35 is manageable if addressed promptly and methodically. Verify jurisdiction and consumer status first, file a complete and well-supported written reply within the time allowed, and appear on every date. For drafting support, LegalInk's reply tool can help your team structure the response.

Statute citations in this article are verified against LegalInk's verified law registry before publication. Always confirm the current text of any provision before relying on it.

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