Appeal against order of District Commission
Commencement. 24th July, 2020.-- S. 2 clauses (4), (13), (14), (16), (40), s. 10 to 27 (both inclusive), sub-clause (iv) of clause (a) of sub-section (1) of section 58, s. 88, 89, 92 and 93, 94, 96, 97 and 99, clause (f) to (m) of sub-section 2 and clauses (zg), (zh) and (zi) of sub-section 2 of s. 101, 104, vide notification No. S.O. 2421(E), dated 23rd July 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Section 41 of the Consumer Protection Act, 2019 deals with appeal against order of District Commission. Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of forty-five days from the date of the order, in such form and manner, as may be prescribed: Provided that the State Commis The Act was enacted on 09 Aug 2019.
Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of forty-five days from the date of the order, in such form and manner, as may be prescribed:
Provided that the State Commission may entertain an appeal after the expiry of the said period of forty-five days, if it is satisfied that there was sufficient cause for not filing it within that period:
Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Commission, shall be entertained by the State Commission unless the appellant has deposited fifty per cent. of that amount in the manner as may be prescribed:
Provided also that no appeal shall lie from any order passed under sub-section (1) of section 81 by the District Commission pursuant to a settlement by mediation under section 80.
Section 41, The Consumer Protection Act, 2019 (Act 35 of 2019).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
The Oriental Insurance Co. Ltd. v. Union of India & Ors.
Court's Decision & Legal Precedent
Where a District Commission order under CPA 2019 is challenged on pecuniary jurisdiction under s.34(1), lack of pecuniary jurisdiction is distinct from lack of inherent jurisdiction; with a statutory appeal under s.41 available (and a prior IA on pecuniary jurisdiction having become final), a writ petition is not maintainable and the insurer must pursue the s.41 appeal.
On this section: s.41 appeal against District Commission orders is the exclusive statutory remedy; writ dismissed for bypassing it.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… The appeal filed by the Society through the present appellant being the President before the State Commission was dismissed on account of non-deposit of 50% of the Award amount as per Section 41 of the Consumer Protection Act. The complainant then filed execution proceedings, in which order was passed whereby the petitioner apparently sought to wriggle out of the said execution proceedings by filing the said application. 5. The District Forum passed the order which was challenged not by filing the …
-
… would submit that the subject matter of dispute technically was only Rs.6,20,717/- while all other amounts have been added resulting in the claim of Rs.36,87,552/- which has no nexus to the deficiency as alleged. 4. Learned counsel for the respondents would submit that substantive remedy is available under Section 41 of the Consumer Protection Act for filing appeal before the State Forum. 5. It is submitted all contentions could be raised in such proceedings and that the contention of the learned counsel for the petitioner that the writ would be maintainable cannot be brushed aside while however observing that  is not sustainable in law. 3. Though the respondents are served, there is no representation on their behalf. 4. On careful perusal of the provisions of Section 41 of the Consumer Protection Act, 2019, which reads as under: " 41. Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of forty-five days from the date of the order, in such form and …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 41
What have the courts held on Section 41 of the Consumer Protection Act?
The Oriental Insurance Co. Ltd. v. Union of India & Ors. (20 Sep 2023) is the leading judgment on this section among those set out below: s.41 appeal against District Commission orders is the exclusive statutory remedy; writ dismissed for bypassing it.
How do I find court cases under Section 41 of the Consumer Protection Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Consumer Protection Act 41, section 41 Consumer Protection Act, section 41 of the Consumer Protection Act. People searching for it also type consumer protection act 68 of 2008 section 41. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with The Oriental Insurance Co. Ltd. v. Union of India & Ors. (20 Sep 2023).
What should I read with Section 41 of the Consumer Protection Act, and has it changed?
Its own text turns on section 80 (Settlement through mediation), section 81 (Recording settlement and passing of order), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently Rajasthan Consumer Protection Rules, 2021. (2021).
When was Section 41 of the Consumer Protection Act enacted?
Section 41 of the Consumer Protection Act, cited as Consumer Protection Act 41, was enacted on 09 Aug 2019 as Act 35 of 2019. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions3979 words
- 38. Procedure on admission of complaint1381 words
- 101. Power of Central Government to make rules916 words
- 39. Findings of District Commission553 words
- 102. Power of State Government to make rules517 words
- 47. Jurisdiction of State Commission493 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.