Section 36 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 36 says who conducts a proceeding before a District Commission, and how a complaint is admitted. A bench is the President and at least one member sitting together. The Commission may admit or reject a complaint, but cannot reject it without hearing the complainant. The admissibility decision is ordinarily due within twenty-one days of filing, and if the Commission does not decide within that period, the complaint is deemed admitted. If you have just filed, a consumer complaint filing team can track the dates with you.
Every proceeding is conducted by the President and at least one member, sitting together (36(1)). On receiving a complaint under section 35, the Commission may admit it or reject it by order (36(2)). It cannot reject it unless the complainant has been given an opportunity of being heard. Admissibility shall ordinarily be decided within twenty-one days of filing. If it does not decide within that period, the complaint is deemed to have been admitted (36(3)).
Section 36 at a glance
| Sub-section | Subject | Key point |
|---|---|---|
| 36(1) | Bench | President and at least one member, sitting together |
| Proviso to 36(1) | Member unable to continue | President and the other member continue from the stage last heard |
| 36(2) | Admit or reject | By order, on receipt of a complaint made under section 35 |
| First proviso to 36(2) | Hearing before rejection | Complainant must be heard |
| Second proviso to 36(2) | Time | Ordinarily within twenty-one days from filing |
| 36(3) | Deemed admission | If not decided within the specified period |
Section 36(1): the bench
"Every proceeding before the District Commission shall be conducted by the President of that Commission and atleast one member thereof, sitting together". ("Atleast" is printed as one word in the text; it is a typographical slip for "at least".)
- The President must sit, together with at least one member. A single member alone cannot conduct a proceeding under this sub-section.
- A District Commission has a President and not less than two members under section 28(2); see our article on section 28.
Proviso. "Where a member, for any reason, is unable to conduct a proceeding till it is completed, the President and the other member shall continue the proceeding from the stage at which it was last heard by the previous member." So if one member leaves, falls ill or is otherwise unable, the case does not restart. The President and the other member carry on from where it stood. The text does not say what happens if no other member is available; section 32 allows the State Government to arrange cover when an office is vacant. See our article on sections 29-33.
Section 36(2): admit or reject
"On receipt of a complaint made under section 35, the District Commission may, by order, admit the complaint for being proceeded with or reject the same". Three observations:
- Order required. The decision is made by an order.
- Two outcomes. Admit or reject. The text gives no list of grounds for rejection; the Act itself does not say, for instance, that late filing or wrong jurisdiction is a ground.
- A complaint "made under section 35" is the trigger, so the Commission looks at whether the complaint comes from a person listed there and is within section 34. See our article on section 35.
First proviso: hearing before rejection. "A complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant." This is a firm safeguard. A rejection without hearing the complainant is contrary to the text. The proviso protects only the complainant; it says nothing about the opposite party at this stage, who has not yet been served.
Second proviso: twenty-one days. "The admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was filed." Note "ordinarily": this is a target, not an absolute bar, but sub-section (3) attaches a consequence.
Section 36(3): deemed admission
"Where the District Commission does not decide the issue of admissibility of the complaint within the period so specified, it shall be deemed to have been admitted."
| Situation | Result |
|---|---|
| Commission admits within twenty-one days | Complaint proceeds under section 38 |
| Commission rejects within twenty-one days, after hearing | Complaint is rejected; for the remedy, see appeal provisions |
| Commission does not decide within twenty-one days | Complaint is deemed admitted |
Points to note:
- The period is "the period so specified", that is, the twenty-one days in the second proviso.
- The consequence is deemed admission, so the complainant is not left waiting indefinitely.
- The word "ordinarily" in the proviso and the unqualified "does not decide within the period so specified" in (3) sit together without saying whether an extension is allowed. The text does not give a power to extend, so read the two with care and seek advice if the period is close to expiring.
- Deemed admission does not mean the complaint succeeds; it only means it moves on to the next stage under section 38, where the opposite party gets notice. See our article on section 38.
Example. Sunita files a complaint on 1 March. She is not heard on admission and no order is passed. After twenty-one days, on 22 March, the complaint is deemed admitted. The Commission must then proceed under section 38, referring a copy to the opposite party. The twenty-one-day count in section 38(2)(a) runs from "the date of its admission", and the text does not say whether that is the deemed date.
Reading section 36 with the rest of the procedure
| Stage | Section | Time or condition |
|---|---|---|
| Filing | 35 | With prescribed fee |
| Admission decision | 36(2) | Ordinarily within twenty-one days |
| Deemed admission | 36(3) | If no decision in that period |
| Mediation option | 37 | At first hearing or later, with consent |
| Reference to opposite party | 38(2)(a), 38(3)(a) | Within twenty-one days of admission (goods procedure) |
| Order | 39 | Reliefs |
For the full chain, see our article on section 37 and Consumer Forum Complaint: How to File and Win.
What section 36 leaves out
- No list of grounds for rejecting a complaint.
- No right of appeal against rejection stated in this section; appeals are in section 41, which deals with orders of the District Commission.
- No statement about notice to the opposite party before admission.
- No definition of "ordinarily".
Need help after filing your complaint?
The first three weeks decide whether the case moves quickly. We can track the admission date, respond if the Commission wants to hear you on admissibility and prepare for the next stage. Start with consumer complaint filing and bring the filing receipt and a copy of what you filed.
Key takeaways
- A District Commission proceeding is conducted by the President and at least one member sitting together (36(1)).
- If a member cannot continue, the case continues from the stage last heard.
- The Commission may admit or reject a complaint but must first hear the complainant before rejecting it.
- Admissibility is ordinarily decided within twenty-one days from filing.
- If not decided in that period, the complaint is deemed admitted (36(3)).
Read next
- Section 35: how a complaint is filed
- Section 37: reference to mediation
- Section 38: procedure on admission of complaint
- How to File Consumer Complaint at District Forum
Disclaimer: Based on the Consumer Protection Act, 2019 as enacted, as consulted on 1 October 2026. Monetary limits, fees and procedure are set or revised by rules and regulations made under the Act and should be checked in their current form. This article is general information, not legal advice; check the official text before acting.