CPA 58 — Jurisdiction of National Commission

Consumer Protection Act, 2019

Statutory text

(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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