Chapter IV - Consumer Disputes Redressal Commission
Section 49
Section 49: Procedure applicable to State Commission
State Commission complaint procedure borrows District Commission sections 35–39 with necessary changes, and the State Commission may void an unfair contract term.
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Need advice on Section 49?
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
(1) The provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be necessary, be applicable to the disposal of complaints by the State Commission.
(2) Without prejudice to the provisions of sub-section (1), the State Commission may also declare any terms of contract, which is unfair to any consumer, to be null and void.
Introduction
Where an unfair contract is alleged, identify the exact term and why it is unfair to a consumer. Do not describe every disputed contract term as automatically null.
Key takeaways
Who and when
State Commission complaint procedure borrows District Commission sections 35–39 with necessary changes, and the State Commission may void an unfair contract term.
Operational step
Apply the filing, admission, mediation, evidence and findings rules in sections 35–39 with changes required for the State forum.
Boundary
Do not treat the cross-reference as bypassing State Commission jurisdiction under section 47.
When the section matters
State Commission complaint procedure borrows District Commission sections 35–39 with necessary changes, and the State Commission may void an unfair contract term.
Practical steps
Apply the filing, admission, mediation, evidence and findings rules in sections 35–39 with changes required for the State forum. Where an unfair contract is alleged, identify the exact term and why it is unfair to a consumer. Ask for the relevant finding or nullity order without assuming the whole contract is void.
- Apply the filing, admission, mediation, evidence and findings rules in sections 35–39 with changes required for the State forum.
- Where an unfair contract is alleged, identify the exact term and why it is unfair to a consumer.
- Ask for the relevant finding or nullity order without assuming the whole contract is void.
Example
A State Commission hears a qualifying complaint and declares a proven unfair cancellation term null and void while addressing the remaining dispute.
Official sources
Practical checklist
Do
- Apply the filing, admission, mediation, evidence and findings rules in sections 35–39 with changes required for the State forum.
- Where an unfair contract is alleged, identify the exact term and why it is unfair to a consumer.
- Ask for the relevant finding or nullity order without assuming the whole contract is void.
Avoid
- Do not treat the cross-reference as bypassing State Commission jurisdiction under section 47.
- Do not describe every disputed contract term as automatically null.
Glossary
- Unfair contract term
- A consumer contract term the State Commission may declare null and void under subsection (2).
Frequently asked questions
Can the State Commission invalidate an unfair contract term?
Yes. Section 49(2) empowers it to declare terms unfair to a consumer null and void.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026