The State Commission

In one line

The State Commission hears complaints between fifty lakh and two crore rupees, appeals from the District Commissions, and revisions from them.

In the wording a student can write in an exam: section 42 establishes a State Consumer Disputes Redressal Commission in every State, consisting of a President and not less than four members; section 47 gives it original jurisdiction over complaints where the value of the goods or services paid as consideration exceeds the prescribed lower limit but not the upper, appellate jurisdiction over the District Commissions in the State, and revisional jurisdiction to call for the records of a District Commission which has exercised a jurisdiction not vested in it, failed to exercise one so vested, or acted illegally or with material irregularity; section 50 gives a power of review for an error apparent on the face of the record; and section 51 provides an appeal to the National Commission within thirty days, conditional on a deposit of fifty per cent of any amount ordered.

Establishment and composition

Section 42. The State Government shall establish a State Consumer Disputes Redressal Commission, to be known as the State Commission, and may establish regional Benches. It consists of a President and not less than four, and not more than such number of, members as may be prescribed in consultation with the Central Government.

Sections 43 to 46 deal with qualifications and method of recruitment, salaries and conditions of service, transitional provisions, and vacancies. Sections 48 and 49 deal with the transfer of cases and with officers and employees.

The three jurisdictions: section 47

Original. Complaints where the value of the goods or services paid as consideration exceeds the lower prescribed limit but does not exceed the upper one. As printed, one crore to ten crore; as prescribed, fifty lakh to two crore. Complaints against unfair contracts where the value paid as consideration does not exceed ten crore rupees are also original jurisdiction.

Appellate. Appeals against the orders of any District Commission within the State.

Revisional. Power to call for the records of, and pass appropriate orders in, any consumer dispute pending before or decided by a District Commission within the State, where it appears that the District Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.

The three revisional grounds are worth learning word for word, because they are the same three that govern the National Commission's revisional power under section 58(1)(b), and a question on judicial control of the Commissions is answered by them.

Benches. Section 47(2) allows the jurisdiction to be exercised by Benches constituted by the President, the senior-most member presiding, and section 47(3) provides for differences of opinion to be decided by the majority, with a reference to the President where the members are equally divided.