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Section 47 Consumer Protection Act 2019: Jurisdiction of State Commission

Section 47 (Jurisdiction of State Commission) under Chapter IV (Consumer Disputes Redressal Commission) of the Consumer Protection Act, 2019.—

❝(1) Subject to the other provisions of this Act, the State Commission shall have jurisdiction—
(a) to entertain—
   (i) complaints where the value of the goods or services paid as consideration, exceeds rupees one crore, but does not exceed rupees ten crore: Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit;
   (ii) complaints against unfair contracts, where the value of goods or services paid as consideration does not exceed ten crore rupees;
   (iii) appeals against the orders of any District Commission within the State; and
(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Commission within the State, where it appears to the State Commission that such District Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity.

(2) The jurisdiction, powers and authority of the State Commission may be exercised by Benches thereof, and a Bench may be constituted by the President with one or more members as the President may deem fit:

 Provided that the senior-most member shall preside over the Bench.

(3) Where the members of a Bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the President who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members and such point or points shall Qualifications, etc., of President and members of State Commission. Salaries, allowances and other terms and conditions of service of President and members of State Commission. Transitional provision. Officers and employees of State Commission. Jurisdiction of State Commission be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it:

 Provided that the President or the other members, as the case may be, shall give opinion on the point or points so referred within a period of one month from the date of such reference.

(4) A complaint shall be instituted in a State Commission within the limits of whose jurisdiction,—
 (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or
 (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided in such case, the permission of the State Commission is given; or
 (c) the cause of action, wholly or in part, arises; or
 (d) the complainant resides or personally works for gain.❞



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Notes:

(1) The Consumer Protection Act, 2019, an Act of Parliament, received the assent of the President on the 9th August, 2019, and was published in the Gazette of India (Extraordinary, Part II - Section 1) by the Ministry of Law and Justice (Legislative Department) on 9th August, 2019.

(2) Effective Date: The Act shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.




This page was created/ last updated on 9th August, 2019.

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