Jurisdiction of State 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 47 of the Consumer Protection Act, 2019 deals with jurisdiction of State Commission. 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 dee The Act was enacted on 09 Aug 2019.
(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.
Section 47, 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.
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Manohar Infrastructure and Constructions Private Limited vs Sanjeev Kumar Sharma
Court's Decision & Legal Precedent
The National Commission can pass an order to deposit the entire amount and/or any amount higher than 50% of the amount in terms of the order of the State Commission while staying the order passed by the State Commission in an appeal under Section 51 of the Consumer Protection Act 2019. However, such order must be a speaking order with cogent reasons explaining the discretion, and cannot be passed mechanically. The pre-deposit condition of 50% under second proviso to Section 51 is a condition precedent for entertainment of appeal to avoid frivolous appeals and has no nexus with the grant of interim order of stay, which is a discretionary relief depending on prima facie case, balance of convenience, and irreparable loss. The order directing refund is akin to a money decree, and principles of Order XLI Rule 5 CPC apply, but the National Commission must exercise discretion judiciously after hearing both parties and assigning cogent reasons.
On this section: Referenced as the provision under which State Commission exercises powers that can be appealed to National Commission under Section 51
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The Andhra Pradesh Southern Power Distribution Corporation Ltd. v. The State of Andhra Pradesh & Ors.
Court's Decision & Legal Precedent
Electricity Act s.42(5) consumer redressal and s.175 (Act in addition, not in derogation) do not oust Consumer Protection Act 2019 fora; victims/consumers may approach District/State Commissions under CPA 2019 against DISCOMs, and DISCOM challenges to forum jurisdiction must go through CPA appellate remedies rather than writ.
On this section: State Commission appellate/original jurisdiction under the CPA 2019 hierarchy remains available; DISCOM writs relegated to CPA appellate forums including State Commission tracks.
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.
Questions about Section 47
What have the courts held on Section 47 of the Consumer Protection Act?
Manohar Infrastructure and Constructions Private Limited vs Sanjeev Kumar Sharma (07 Dec 2021) is the leading judgment on this section among those set out below: Referenced as the provision under which State Commission exercises powers that can be appealed to National Commission under Section 51. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2021 to 2024.
How do I find court cases under Section 47 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 47, section 47 Consumer Protection Act, section 47 of the Consumer Protection Act. People searching for it also type telephone consumer protection act 47 usc 227 and consumer protection act 2 47. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Manohar Infrastructure and Constructions Private Limited vs Sanjeev Kumar Sharma (07 Dec 2021).
What should I read with Section 47 of the Consumer Protection Act, and has it changed?
2 other provisions in this corpus refer back to it.
When was Section 47 of the Consumer Protection Act enacted?
Section 47 of the Consumer Protection Act, cited as Consumer Protection Act 47, 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
- 21. Power of Central Authority to issue directions and penalties against false or misleading advertisements469 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.