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Bare Act · Consumer Protection Act, 2019 · Chapter IV
Chapter IV · Sections
28 · Establishment of District Consumer... 29 · Qualifications, etc., of President... 30 · Salaries, allowances and other... 31 · Transitional provision. 32 · Vacancy in office of member of... 33 · Officers and other employees of... 34 · Jurisdiction of District... 35 · Manner in which complaint shall be... 36 · Proceedings before District... 37 · Reference to mediation. 38 · Procedure on admission of... 39 · Findings of District Commission. 40 · Review by District Commission in... 41 · Appeal against order of District... 42 · Establishment of State Consumer... 43 · Qualifications, etc., of President... 44 · Salaries, allowances and other... 45 · Transitional provision. 46 · Officers and employees of State... 47 · Jurisdiction of State Commission. 48 · Transfer of cases. 49 · Procedure applicable to State... 50 · Review by State Commission in... 51 · Appeal to National Commission. 52 · Hearing of appeal. 53 · Establishment of National Consumer... 54 · Composition of National... 55 · Qualifications, etc., of President... 56 · Transitional provision. 57 · Other officers and employees of... 58 · Jurisdiction of National... 59 · Procedure applicable to National... 60 · Review by National Commission in... 61 · Power to set aside ex parte... 62 · Transfer of cases. 63 · Vacancy in office of President of... 64 · Vacancies or defects in... 65 · Service of notice, etc. 66 · Experts to assist National... 67 · Appeal against order of National... 68 · Finality of orders. 69 · Limitation period. 70 · Administrative control. 71 · Enforcement of orders of District... 72 · Penalty for non-compliance of... 73 · Appeal against order passed under...
47

Jurisdiction of State Commission.

(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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