Section 38 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 38 is the working procedure of the District Commission once a complaint is admitted. It sets the time for sending the complaint to the opposite party (twenty-one days), the time for the reply (thirty days plus up to fifteen), the testing of goods (forty-five days for the laboratory), what happens when the opposite party does not reply or the complainant does not appear, hearing on affidavit and documents, and a target of three or five months for disposal. If your complaint is admitted, a consumer complaint filing team can keep you on track against these dates.
On admission, the Commission refers a copy of the complaint to the opposite party within twenty-one days, who has thirty days to give his version, extendable by not more than fifteen days (38(2)(a), 38(3)(a)). If goods need testing, the sample goes to an appropriate laboratory, which reports within forty-five days (38(2)(c)). The complaint is heard on affidavit and documentary evidence (38(6)). The Commission shall endeavour to decide within three months from receipt of notice by the opposite party, or five months where analysis or testing is needed (38(7)).
Section 38 at a glance
| Sub-section | Subject | Key period or point |
|---|---|---|
| 38(1) | Proceeding | On admission, or on failure of mediation |
| 38(2) | Goods complaints | Copy to opposite party within 21 days of admission; version in 30 days (+ up to 15); testing steps (c) to (g) |
| 38(3) | Services, or goods where (2) cannot be followed | Version in 30 days (+ up to 15); evidence-based or ex parte; decide on merits if complainant absent |
| 38(4) | Electronic service provider | Commission may require information, documents or records |
| 38(5) | Natural justice | Proceedings under (1) and (2) not questioned on that ground |
| 38(6) | Hearing | Affidavit and documentary evidence; personal or video hearing on sufficient cause |
| 38(7) | Disposal | Three months, or five months with testing; adjournment rules |
| 38(8) | Interim orders | Just and proper |
| 38(9) | Civil court powers | Six listed matters |
| 38(10) | Judicial proceeding | Deemed under the IPC and CrPC sections cited |
| 38(11), (12) | Representative complaints; death | Code of Civil Procedure orders apply with modification |
Section 38(1): when the Commission proceeds
"The District Commission shall, on admission of a complaint, or in respect of cases referred for mediation on failure of settlement by mediation, proceed with such complaint." So the procedure starts either on admission (including deemed admission under section 36(3)) or after mediation fails. See our article on section 36 and our article on section 37.
Section 38(2): goods complaints
(a) Notice. The Commission "shall ... refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party ... directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by it". So: 21 days for the Commission to send; 30 days for the reply; up to 15 more days if the Commission grants. The longest reply period is therefore forty-five days. The text does not tell how the copy is to be sent; service is dealt with in section 65 (our article on section 65 when published).
(b) Denial or silence. If the opposite party denies or disputes the allegations, or "omits or fails to take any action to represent his case within the time given", the Commission proceeds to settle the consumer dispute as in clauses (c) to (g).
(c) Testing. "If the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods", the Commission obtains a sample from the complainant, seals and authenticates it "in the manner as may be prescribed", refers it to the appropriate laboratory, and directs a report "within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by it". "Appropriate laboratory" is defined in section 2(2); see our article on that definition.
(d) Fees. Before sending the sample, the Commission requires the complainant to deposit "such fees as may be specified" for the laboratory; the Act gives no amount.
(e)-(g) Report and objections. The Commission remits the deposit, forwards the report to the opposite party with its remarks, takes written objections if a party disputes the findings or methods, hears both sides on them and issues an appropriate order under section 39.
Section 38(3): services, and goods where (2) cannot be followed
For services, or goods where the testing procedure cannot be followed, the Commission refers a copy to the opposite party for his version in thirty days (extendable by not more than fifteen). Then:
- if the opposite party denies or disputes, the Commission settles the dispute on the basis of evidence brought by both sides (b)(i);
- if he omits or fails to act in time, it proceeds ex parte, on the complainant's evidence (b)(ii);
- if the complainant fails to appear on the date of hearing, it may decide the complaint on merits (c).
Sub-section (3)(a) does not repeat the twenty-one-day period for sending the copy; that period is printed in 38(2)(a) for goods. The text does not say whether the same twenty-one days apply to services, so a reader should note the silence.
Sub-sections (4) to (6): information, natural justice, evidence
(4) "The District Commission may, by order, require an electronic service provider to provide such information, documents or records, as may be specified in that order." See section 2(17) in our article on the definitions.
(5) "No proceedings complying with the procedure laid down in sub-sections (1) and (2) shall be called in question in any court on the ground that the principles of natural justice have not been complied with." Note that it names only sub-sections (1) and (2), not (3). A drafting point worth flagging: the protection is limited to the goods procedure as written.
(6) Every complaint "shall be heard ... on the basis of affidavit and documentary evidence placed on record". The proviso lets the Commission, on an application for hearing or for examination of parties in person or through video conferencing, allow it "on sufficient cause being shown, and after recording its reasons in writing".
Sub-section (7): the disposal target
"Every complaint shall be disposed of as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities."
| Case | Target |
|---|---|
| No analysis or testing | Three months from receipt of notice by the opposite party |
| Analysis or testing needed | Five months |
The word is "endeavour", so it is a target. Three provisos add discipline: (1) no adjournment "ordinarily" unless sufficient cause is shown and reasons are recorded in writing; (2) costs occasioned by adjournment as specified by regulations; (3) if disposal is after the period, the Commission must record reasons in writing. The regulations are not in the source, so no amounts are given.
Sub-sections (8) to (12): interim orders, powers and supplementary rules
- (8) Interim order. If it appears necessary during pendency, the Commission "may pass such interim order as is just and proper in the facts and circumstances of the case".
- (9) Civil court powers under the Code of Civil Procedure, 1908 for: summoning and examining on oath; discovery and production of documents; evidence on affidavits; requisitioning laboratory reports; commissions for examining witnesses; and any other matter the Central Government prescribes.
- (10) Judicial proceeding. Every proceeding is deemed a judicial proceeding under sections 193 and 228 of the Indian Penal Code, and the Commission a criminal court for section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973, as the Act wrote them. From 1 July 2024 these Codes were replaced by the BNS and BNSS; no new section numbers are given here.
- (11) Representative complaints. For a complainant under section 2(5)(v), Order I Rule 8 of the First Schedule to the Code of Civil Procedure applies with modifications.
- (12) Death. On the death of a complainant who is a consumer, or of the opposite party, Order XXII of the First Schedule to the Code of Civil Procedure applies with modifications.
For what the Commission may order at the end, see our article on section 39.
Need help through the procedure?
Missing a reply date or a laboratory deposit can hurt a good case. We can calendar the periods, draft your affidavit and evidence, and prepare you for hearings. Start with consumer complaint filing and bring the admission order and any notice from the Commission.
Key takeaways
- Copy of the admitted complaint goes to the opposite party within twenty-one days (goods procedure); version due in thirty days, plus up to fifteen.
- Goods needing testing go to a laboratory, which reports in forty-five days; the complainant deposits the specified fees.
- If the opposite party does not respond, the Commission proceeds ex parte; if the complainant does not appear, it may decide on merits.
- Hearing is on affidavit and documents; video hearing needs sufficient cause and written reasons.
- Target: three months, or five with testing, with written reasons for delay.
Read next
- Section 37: reference to mediation
- Section 39: reliefs the District Commission can order
- Section 36: proceedings before District Commission and admission
- 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.