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Chapter IV - Consumer Disputes Redressal Commission

Section 51

Section 51: Appeal to National Commission

Section 51 provides appeal routes from specified State Commission orders to the National Commission. Subsection (1) gives a thirty-day period and a fifty-percent deposit condition for a paying appellant; appellate orders require a substantial question of law under subsection (2).

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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.

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Statutory text

Bare law

(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.

Introduction

For a subsection (1) appeal, file within thirty days or show sufficient cause for delay, and deposit fifty percent of an amount ordered to be paid. Do not cite subsection (3) as the ex parte route; subsection (3) governs stating the substantial question of law, while subsection (5) addresses ex parte orders.

Key takeaways

1

Who and when

Section 51 provides appeal routes from specified State Commission orders to the National Commission. Subsection (1) gives a thirty-day period and a fifty-percent deposit condition for a paying appellant; appellate orders require a substantial question of law under subsection (2).

2

Operational step

Identify whether the order arose from State Commission original jurisdiction under section 47(1)(a)(i) or (ii), or was itself a State appeal order under clause (iii).

3

Boundary

Do not assume every State Commission appellate order has a routine further merits appeal; subsection (2) requires a substantial question of law.

When the section matters

Section 51 provides appeal routes from specified State Commission orders to the National Commission. Subsection (1) gives a thirty-day period and a fifty-percent deposit condition for a paying appellant; appellate orders require a substantial question of law under subsection (2).

Practical steps

Identify whether the order arose from State Commission original jurisdiction under section 47(1)(a)(i) or (ii), or was itself a State appeal order under clause (iii). For a subsection (1) appeal, file within thirty days or show sufficient cause for delay, and deposit fifty percent of an amount ordered to be paid. For an appeal from a State appellate order, formulate the substantial question of law; separately assess the ex parte route in subsection (5).

  • Identify whether the order arose from State Commission original jurisdiction under section 47(1)(a)(i) or (ii), or was itself a State appeal order under clause (iii).
  • For a subsection (1) appeal, file within thirty days or show sufficient cause for delay, and deposit fifty percent of an amount ordered to be paid.
  • For an appeal from a State appellate order, formulate the substantial question of law; separately assess the ex parte route in subsection (5).

Example

An opposite party appeals a State Commission original-jurisdiction refund order within thirty days and makes the required fifty-percent deposit before the National Commission considers it.

Official sources

Practical checklist

Do

  • Identify whether the order arose from State Commission original jurisdiction under section 47(1)(a)(i) or (ii), or was itself a State appeal order under clause (iii).
  • For a subsection (1) appeal, file within thirty days or show sufficient cause for delay, and deposit fifty percent of an amount ordered to be paid.
  • For an appeal from a State appellate order, formulate the substantial question of law; separately assess the ex parte route in subsection (5).

Avoid

  • Do not assume every State Commission appellate order has a routine further merits appeal; subsection (2) requires a substantial question of law.
  • Do not cite subsection (3) as the ex parte route; subsection (3) governs stating the substantial question of law, while subsection (5) addresses ex parte orders.

Glossary

Substantial question of law
The legal threshold section 51(2) requires for a further appeal from a State Commission appellate order.

Frequently asked questions

Can every State appeal order be appealed again as of right?

No. Section 51(2) limits the route from appellate orders to cases involving a substantial question of law.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026