Chapter IV - Consumer Disputes Redressal Commission
Section 41
Section 41: Appeal against order of District Commission
An aggrieved person may appeal a District Commission order to the State Commission within forty-five days, with sufficient-cause extension and a fifty-percent deposit where the appellant must pay under the order.
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This article is for general information. Refer to the Consumer Protection Act, 2019 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
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.
Introduction
If late, explain the sufficient cause for delay in the prescribed appeal filing. Do not appeal a District Commission settlement order covered by the section 81(1) mediation proviso.
Key takeaways
Who and when
An aggrieved person may appeal a District Commission order to the State Commission within forty-five days, with sufficient-cause extension and a fifty-percent deposit where the appellant must pay under the order.
Operational step
Calculate forty-five days from the District Commission order and prepare grounds of fact or law.
Boundary
Do not omit the deposit when appealing an order that requires the appellant to pay.
When the section matters
An aggrieved person may appeal a District Commission order to the State Commission within forty-five days, with sufficient-cause extension and a fifty-percent deposit where the appellant must pay under the order.
Practical steps
Calculate forty-five days from the District Commission order and prepare grounds of fact or law. If late, explain the sufficient cause for delay in the prescribed appeal filing. Where the order requires payment, arrange the statutory fifty-percent deposit before seeking admission.
- Calculate forty-five days from the District Commission order and prepare grounds of fact or law.
- If late, explain the sufficient cause for delay in the prescribed appeal filing.
- Where the order requires payment, arrange the statutory fifty-percent deposit before seeking admission.
Example
A seller ordered to refund ₹1 lakh appeals on a legal ground within forty-five days and deposits ₹50,000 as required for entertainment of the appeal.
Official sources
Practical checklist
Do
- Calculate forty-five days from the District Commission order and prepare grounds of fact or law.
- If late, explain the sufficient cause for delay in the prescribed appeal filing.
- Where the order requires payment, arrange the statutory fifty-percent deposit before seeking admission.
Avoid
- Do not omit the deposit when appealing an order that requires the appellant to pay.
- Do not appeal a District Commission settlement order covered by the section 81(1) mediation proviso.
Glossary
- Appeal deposit
- The fifty-percent amount an appellant ordered to pay must deposit before the State Commission entertains the appeal.
Frequently asked questions
Can a late appeal be heard?
Yes, if the State Commission is satisfied there was sufficient cause for filing after forty-five days.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026