Chapter IV - Consumer Disputes Redressal Commission
Section 59
Section 59: Procedure applicable to National Commission
Section 59 imports the complaint procedure in sections 35–39 into National Commission complaints, with needed modifications, and gives an unfair-contract remedy.
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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
(1) The provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be considered necessary, be applicable to the disposal of complaints by the National Commission.
(2) Without prejudice to sub-section (1), the National Commission may also declare any terms of contract, which is unfair to any consumer to be null and void.
Introduction
A respondent should prepare its written version, evidence and objections in the procedural framework of those cross-referenced sections while checking National Commission practice directions.
Key takeaways
What the section does
Section 59 imports the complaint procedure in sections 35–39 into National Commission complaints, with needed modifications, and gives an unfair-contract remedy.
Operational response
A respondent should prepare its written version, evidence and objections in the procedural framework of those cross-referenced sections while checking National Commission practice directions.
Important boundary
Subsection (2) permits the National Commission to declare unfair contract terms null and void. This is a consumer dispute remedy; it is not an automatic cancellation of every disputed clause.
When the provision matters
Section 59 imports the complaint procedure in sections 35–39 into National Commission complaints, with needed modifications, and gives an unfair-contract remedy.
Subsection (2) permits the National Commission to declare unfair contract terms null and void. This is a consumer dispute remedy; it is not an automatic cancellation of every disputed clause.
Practical response
A respondent should prepare its written version, evidence and objections in the procedural framework of those cross-referenced sections while checking National Commission practice directions.
Decision points and records
Map the challenged contract clause to the alleged consumer harm and requested order.
Do not claim every contract term fails merely because one term is challenged.
Example
A platform’s standard term is challenged before the National Commission; it preserves the contract version accepted by the customer and explains why the contested term is or is not unfair.
Official sources
Practical checklist
Do
- Preserve the contract version, acceptance trail and complaint response.
- Map the challenged contract clause to the alleged consumer harm and requested order.
Avoid
- Do not assume the National Commission uses an entirely separate complaint process.
- Do not claim every contract term fails merely because one term is challenged.
Illustrative example
Section 59 in practice
A platform’s standard term is challenged before the National Commission; it preserves the contract version accepted by the customer and explains why the contested term is or is not unfair.
Identify the statutory trigger
Section 59 imports the complaint procedure in sections 35–39 into National Commission complaints, with needed modifications, and gives an unfair-contract remedy.
Preserve the key record
Map the challenged contract clause to the alleged consumer harm and requested order.
Apply the limit
Subsection (2) permits the National Commission to declare unfair contract terms null and void. This is a consumer dispute remedy; it is not an automatic cancellation of every disputed clause.
Outcome
- A respondent should prepare its written version, evidence and objections in the procedural framework of those cross-referenced sections while checking National Commission practice directions.
Glossary
- National Commission
- The national consumer dispute redressal forum under Chapter IV of the Act.
- Null and void term
- An unfair contract term that the National Commission declares legally ineffective under subsection (2).
Frequently asked questions
Can the National Commission invalidate an unfair contract term?
Yes. Subsection (2) expressly allows it to declare a term unfair to a consumer null and void.
Which District Commission provisions apply?
Sections 35 to 39 govern National Commission complaints with modifications considered necessary under subsection (1).
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026