Consumer Protection Act 2019: Sections 28 to 37 - District Consumer Commission

Sections 28 to 37 of Chapter IV of the Consumer Protection Act, 2019 govern the constitution and functioning of the District Consumer Disputes Redressal Commission, including its members, jurisdiction, filing of complaints, admission procedure and reference to mediation.

Section 28 - Establishment of District Consumer Disputes Redressal Commission

Meaning: Section 28 requires the State Government to establish a District Consumer Disputes Redressal Commission, commonly called the District Commission, in every district. More than one District Commission may be established in a district where considered necessary.

Section 29 - Qualifications of President and Members

Meaning: Section 29 authorises the Central Government to make rules dealing with qualifications, recruitment, appointment procedure, tenure, resignation and removal of the President and members of a District Commission.

Section 30 - Salaries, Allowances and Service Conditions

Meaning: Section 30 empowers the State Government to make rules concerning salary, allowances and other terms and conditions of service of the President and members of the District Commission.

Section 31 - Transitional Provision

Meaning: Section 31 protects the tenure of a person who was already serving as President or member of a District Commission immediately before commencement of the 2019 Act. Such person continues until completion of the term for which the appointment was made.

Section 32 - Vacancy in Office of President or Member

Meaning: Section 32 provides a mechanism to keep consumer adjudication functioning when the office of the President or a member is vacant.

Section 33 - Officers and Other Employees of District Commission

Meaning: The State Government must provide the District Commission with officers and employees required to assist it. They work under the general superintendence of the President, and their salary, allowances and service conditions are governed by the prescribed rules.

Section 34 - Jurisdiction of District Commission

Pecuniary jurisdiction: The statutory text of Section 34(1) refers to complaints where the value of goods or services paid as consideration does not exceed Rs. 1 crore and expressly permits the Central Government to prescribe another value. Under the 2021 Jurisdiction Rules, the operative District Commission limit is presently up to Rs. 50 lakh.

Territorial jurisdiction: A complaint may be instituted where the opposite party resides, carries on business, has a branch office or personally works for gain; where any one of multiple opposite parties has the prescribed connection with permission of the Commission; where the cause of action wholly or partly arises; or where the complainant resides or personally works for gain.

This consumer-friendly rule permits filing at the complainant's place of residence or work, subject to the statutory requirements.

Section 35 - Manner in Which Complaint Shall Be Made

Who may file: A complaint concerning goods or services may be filed by the consumer; a recognised consumer association; one or more consumers representing numerous consumers having the same interest with permission of the District Commission; or the Central Government, Central Consumer Protection Authority or State Government, as applicable.

A recognised consumer association means a voluntary consumer association registered under a law in force. Section 35 also permits electronic filing in the prescribed manner, and every complaint must be accompanied by the prescribed fee, which may also be paid electronically.

Section 36 - Proceedings Before District Commission

Bench and admission: Proceedings are conducted by the President and at least one member sitting together. On receiving a complaint under Section 35, the District Commission may admit it or reject it, but rejection cannot be made without giving the complainant an opportunity of being heard.

The question of admissibility should ordinarily be decided within 21 days from filing. If the District Commission does not decide admissibility within that period, the complaint is deemed to have been admitted.

Section 37 - Reference to Mediation

Meaning: At the first hearing after admission, or at a later stage, the District Commission may consider whether elements of an acceptable settlement exist. Except for categories excluded by the applicable rules, it may ask the parties to give written consent within five days for settlement through mediation under Chapter V.

If the parties consent in writing, the District Commission must refer the matter to mediation within five days of receiving that consent. The mediation provisions in Chapter V and the applicable Consumer Protection Mediation Rules and Regulations then govern the process.

Practical Summary of Sections 28 to 37

These provisions create the District Commission, regulate its composition and administration, identify where and by whom a consumer complaint may be filed, establish the admission mechanism and enable consensual mediation. For jurisdiction, readers should distinguish the wording of Section 34 from the currently prescribed monetary limit under the 2021 Jurisdiction Rules.

Legal update: This page preserves the substance of Sections 28 to 37 while adding the currently applicable pecuniary jurisdiction rule and links to official Government sources. Rules, notifications and court decisions may affect procedure in individual cases.