CPA 47 — Jurisdiction of State Commission

Consumer Protection Act, 2019

Statutory text

(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 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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