How to Claim Section 75 Compensation – A Practical Guide

If you bought a product or service that turned out faulty, you don’t have to just accept the loss. Section 75 of the Consumer Protection Act, 2019 lets you claim compensation for any damage or injury caused by that deficiency. The process sounds scary, but it’s basically a few clear steps. Follow this guide and you’ll know exactly what to do, what papers you need, and how to avoid common pitfalls.

Step 1: Check If You’re Eligible

First, make sure the issue falls under Section 75. The law applies when a product or service is defective, sub‑standard, or not as described, and that defect caused you actual loss or injury. For example, a phone that overheats and burns your hand, or a contractor’s shoddy work that leads to a water‑damage claim. If the problem is just a minor inconvenience with no real loss, you might not qualify for compensation, though you can still ask for a refund or replacement under other provisions.

Next, verify the time limit. You have to file your claim within two years from the date you discovered the deficiency, or within three years from when the defect actually caused the loss. Miss the deadline and the court will dismiss your case, no matter how strong the evidence.

Step 2: Gather Evidence and Prepare Your Complaint

Strong evidence is the backbone of a Section 75 claim. Collect the following:

• Purchase proof: receipt, invoice, or bank statement showing you paid for the product or service.
• Defect proof: photographs, videos, expert reports, or repair bills that clearly show the problem.
• Loss documentation: medical reports, repair estimates, or any other bills proving the monetary loss or injury you suffered.
• Correspondence: emails, messages, or letters you sent to the seller/ service provider asking for redress, and their replies.

Once you have these, draft a simple complaint. State your name, address, and contact details, then describe the product/service, the defect, the loss, and the compensation you’re seeking. Keep it factual and to the point – the court isn’t looking for dramatic language, just clear facts.

Attach a copy of the Consumer Protection Act’s Section 75 clause (you can find it online) to show you know the legal basis. Also include a copy of the prescribed fee schedule – you’ll need to pay a nominal fee based on the amount claimed.

Now you’re ready to file. Go to the District Consumer Disputes Redressal Commission (DCDRC) that has jurisdiction over the place where the transaction happened or where you live. Submit the complaint, supporting documents, and the fee receipt. The commission will issue a notice to the opposite party and set a date for the hearing.

During the hearing, stay calm and let your lawyer (or you, if you’re representing yourself) present the evidence. The seller can argue back, but the burden is on them to prove the product wasn’t defective. If the commission rules in your favor, it will order compensation, which might include actual loss, medical expenses, and even a modest amount for mental agony.

Finally, if the seller refuses to pay, you can enforce the order through a simple execution process. This usually involves the court directing the seller’s bank or property to cover the amount. Most sellers comply once a formal order is in place.

Remember these quick tips: act fast, keep every paper, and be clear about the amount you’re asking for. With the right paperwork and a solid claim, Section 75 can turn a frustrating loss into a fair settlement.