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Section 58 Consumer Protection Act 2019: National CDRC's Jurisdiction

Section 58 (Jurisdiction of National Commission) under Chapter IV (Consumer Disputes Redressal Commission) of the Consumer Protection Act, 2019.—

❝(1) Subject to the other provisions of this Act, the National Commission shall have jurisdiction—

(a) to entertain—
 (i) complaints where the value of the goods or services paid as consideration exceeds 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 exceeds ten crore rupees;
 (iii) appeals against the orders of any State Commission;
 (iv) appeals against the orders of the Central Authority; 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 State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.

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

 Provided that the senior-most member of the Bench 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 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 member, as the case may be, shall give opinion on the point or points so referred within a period of two months from the date of such reference.❞



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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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