Section 41 of CPA : Section 41: Appeal Against Order Of District Commission

Explanation using Example

Imagine that Jane purchased a refrigerator from a local electronics store. After a few weeks, the refrigerator stopped working. Jane filed a complaint with the District Consumer Commission, claiming the refrigerator had a manufacturing defect and asking for a replacement or refund. The District Commission ruled in favor of the electronics store, stating that the defect was due to Jane's improper use.

Jane believes the decision was not based on the facts of the case and that there is a genuine manufacturing defect. She decides to appeal the decision. According to Section 41 of the Consumer Protection Act, 2019, Jane has the right to file an appeal against the District Commission's order to the State Consumer Commission. She must file this appeal within forty-five days of the order, providing sufficient grounds for her appeal.

If Jane fails to file the appeal within the forty-five-day period, she can request the State Commission to accept a late appeal, but she must prove there was a valid reason for the delay. Additionally, before her appeal is entertained, she will have to deposit fifty percent of the amount (if any) ordered by the District Commission, unless the State Commission prescribes a different manner for depositing the amount.

However, if Jane's original complaint had been resolved through mediation as per section 80, and the District Commission's order was a result of this settlement, then she would not be able to appeal the decision as per the last provision of Section 41.