Appeal to National 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 51 of the Consumer Protection Act, 2019 deals with appeal to National Commission. Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 47 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in s The Act was enacted on 09 Aug 2019.
(1) Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 47 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed:
Provided that the National Commission shall not entertain the appeal after the expiry of the said period of thirty days unless 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 State Commission, shall be entertained by the National Commission unless the appellant has deposited fifty per cent. of that amount in the manner as may be prescribed.
(2) Save as otherwise expressly provided under this Act or by any other law for the time being in force, an appeal shall lie to the National Commission from any order passed in appeal by any State Commission, if the National Commission is satisfied that the case involves a substantial question of law.
(3) In an appeal involving a question of law, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.
(4) Where the National Commission is satisfied that a substantial question of law is involved in any case, it shall formulate that question and hear the appeal on that question:
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the National Commission to hear, for reasons to be recorded in writing, the appeal on any other substantial question of law, if it is satisfied that the case involves such question of law.
(5) An appeal may lie to the National Commission under this section from an order passed ex parte by the State Commission.
Section 51, 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.
This section refers to
Referred to by 1
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: Section 51 provides for appeals to National Commission from State Commission orders. Second proviso mandates pre-deposit of 50% of decretal amount as condition precedent for entertainment of appeal. Court held that this pre-deposit condition is distinct from power to grant conditional stay with deposit of entire amount.
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 51
What have the courts held on Section 51 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: Section 51 provides for appeals to National Commission from State Commission orders. Second proviso mandates pre-deposit of 50% of decretal amount as condition precedent for entertainment of appeal. Court held that this pre-deposit condition is distinct from power to grant conditional stay with deposit of entire amount.
How do I find court cases under Section 51 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 51, section 51 Consumer Protection Act, section 51 of the Consumer Protection Act. People searching for it also type consumer protection act 2019 section 51 and section 51 2 consumer protection act. 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 Manohar Infrastructure and Constructions Private Limited vs Sanjeev Kumar Sharma (07 Dec 2021).
What should I read with Section 51 of the Consumer Protection Act, and has it changed?
Its own text turns on section 47 (Jurisdiction of State Commission), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was Section 51 of the Consumer Protection Act enacted?
Section 51 of the Consumer Protection Act, cited as Consumer Protection Act 51, 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.