Sections 68 to 73 of the Consumer Protection Act 2019
Chapter IV provisions on finality of Consumer Commission orders, limitation for complaints, administrative control, enforcement, penalty for non-compliance and appeals against penalty orders.
Section 68 - Finality of orders
Meaning: An order of the District Commission, State Commission or National Commission becomes final where no appeal is preferred under the Act.
Every order of a District Commission, the State Commission or the National Commission, as the case may be, shall, if no appeal has been preferred against such order under the provisions of the Act, be final.
Section 69 - Limitation period
Meaning: A consumer complaint ordinarily must be filed within two years from the date on which the cause of action arose. A delayed complaint may still be entertained where sufficient cause for the delay is shown and the Commission records reasons for condoning it.
Sub-section (1): The District Commission, State Commission or National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
Sub-section (2): A complaint may be entertained after that period if the complainant satisfies the Commission that there was sufficient cause for not filing within time. Reasons for condonation of delay must be recorded.
Section 70 - Administrative control
Meaning: The National Commission has administrative control over State Commissions for specified matters, while preserving their quasi-judicial freedom. State Commissions similarly exercise administrative control over District Commissions within their jurisdiction.
The National Commission may lay down standards, in consultation with the Central Government, for better protection of consumer interests. Its administrative functions include monitoring institution, disposal and pendency; inquiry into allegations concerning the President or members of a State Commission; instructions for uniform procedure and document practices; and oversight by inspection or other means without interfering with quasi-judicial freedom.
A monitoring cell is to oversee State Commissions administratively. The National Commission and State Commissions must also furnish prescribed information, including pendency information, to the appropriate Government.
Section 71 - Enforcement of orders
Meaning: Consumer Commission orders are enforceable in the same manner as a civil court decree. Order XXI of the First Schedule to the Code of Civil Procedure, 1908 applies, as far as may be, with references to a decree read as references to an order under the Consumer Protection Act.
Section 72 - Penalty for non-compliance of order
Meaning: Failure to comply with an order of a District, State or National Commission can result in imprisonment, fine, or both.
Penalty: imprisonment for not less than one month and up to three years, or a fine of not less than Rs. 25,000 and up to Rs. 1,00,000, or both.
The section also confers first-class Judicial Magistrate powers on the Consumer Commissions for trial of the offence and provides for summary trial, subject to the statutory text.
Current-law note: The enacted text expressly refers to the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and replaced the CrPC as the general criminal procedure code, subject to its savings and transitional provisions. The official Consumer Protection Act text should be checked together with current criminal-procedure law when applying Sections 72 and 73.
Section 73 - Appeal against order passed under Section 72
Meaning: An order under Section 72(1) is appealable on facts and law through the hierarchy specified in Section 73.
Appeal route: District Commission to State Commission; State Commission to National Commission; National Commission to the Supreme Court.
Except for the appeal provided by Section 73(1), no appeal lies before a court from such an order. An appeal under this section is to be preferred within 30 days from the date of the order. A delayed appeal may be entertained where sufficient cause is shown.
Official legal resources
For authoritative statutory text, amendments, rules and notifications, refer to India Code - Consumer Protection Act, 2019 and the Department of Consumer Affairs - Consumer Protection Act and Rules.
This page is an informational guide. For a filing, limitation calculation, enforcement proceeding or appeal, verify the current statutory text, applicable rules, notifications and judicial decisions.