Section 39 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 39 tells you what you can win. When the District Commission is satisfied that the goods have the defects complained of, that the allegations about services or unfair trade practices are proved, or that a product liability claim is made out, it must order one or more of fourteen reliefs, from removing a defect and replacement to refund with interest, compensation, punitive damages, corrective advertisement and costs. It also sets how a split bench decides and who signs the order. If you are asking what to claim in your complaint, a consumer complaint filing review can match your facts to these reliefs.
If the Commission is satisfied the goods have the defects specified, or the allegations on services, unfair trade practices or product liability compensation are proved, it shall issue an order directing the opposite party to do one or more of the fourteen listed things (39(1)). These include return of the price or charges with interest, compensation for loss or injury due to negligence, with a power to award punitive damages, and a payment of not less than twenty-five per cent. of the value of goods or services where many unidentifiable consumers suffered (39(1)(k)). Amounts so obtained are credited to a prescribed fund (39(2)).
The fourteen reliefs in section 39(1)
| Clause | Relief, in short |
|---|---|
| (a) | Remove the defect pointed out by the appropriate laboratory from the goods |
| (b) | Replace the goods with new goods of similar description, without any defect |
| (c) | Return the price or charges paid, with such interest as may be decided |
| (d) | Pay compensation for loss or injury due to the opposite party's negligence; punitive damages possible (proviso) |
| (e) | Pay compensation in a product liability action under Chapter VI |
| (f) | Remove defects in goods or deficiencies in services |
| (g) | Discontinue the unfair trade practice or restrictive trade practice and not repeat it |
| (h) | Not offer hazardous or unsafe goods for sale |
| (i) | Withdraw hazardous goods from being offered for sale |
| (j) | Cease manufacture of hazardous goods and desist from offering hazardous services |
| (k) | Pay a sum determined by the Commission where a large number of consumers who are not identifiable conveniently suffered loss or injury |
| (l) | Issue corrective advertisement at the opposite party's cost |
| (m) | Provide for adequate costs to parties |
| (n) | Cease and desist from issuing any misleading advertisement |
When the section applies
"Where the District Commission is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices, or claims for compensation under product liability are proved, it shall issue an order to the opposite party directing him to do one or more of the following". Note "shall issue an order": once satisfied, the Commission must order at least one relief.
Reliefs for the complainant
Goods and services: (a), (b), (c), (f).
- (a) Remove the defect "pointed out by the appropriate laboratory". It links to testing in section 38(2)(c). See our article on section 38.
- (b) Replacement with "new goods of similar description which shall be" without any defect.
- (c) Return of price or charges paid "along with such interest on such price or charges as may be decided". The rate of interest is not in the Act; the Commission decides it.
- (f) removes defects in goods or deficiencies in services.
Compensation: (d) and (e).
- (d) compensation "for any loss or injury suffered by the consumer due to the negligence of the opposite party". The proviso adds: "the District Commission shall have the power to grant punitive damages in such circumstances as it deems fit". The Act does not define punitive damages or give a ceiling.
- (e) compensation in a product liability action under Chapter VI. See Product Liability Under CPA 2019.
Example. A water purifier stops working and a laboratory finds a fault. The Commission may order replacement (b) or return of the price with interest (c), and compensation (d) if the seller's negligence caused further loss.
Reliefs against unfair or hazardous conduct
Clauses (g) to (j) cover discontinuing unfair or restrictive trade practices and dealing with hazardous goods and services (not to offer them, to withdraw them, to cease manufacture). They protect others beyond the complainant. Compare the Central Authority's recall powers in our article on section 20.
Reliefs for many consumers: clause (k)
"To pay such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently". The proviso: "the minimum amount of sum so payable shall not be less than twenty-five per cent. of the value of such defective goods sold or service provided, as the case may be, to such consumers". So where many consumers cannot be identified conveniently, there is a statutory floor of twenty-five per cent. of the value of the defective goods sold or the service provided to them. See sub-section (2) on where such sums go.
Advertising and costs: (l), (m), (n)
- (l) corrective advertisement "to neutralise the effect of misleading advertisement at the cost of the opposite party responsible".
- (m) "to provide for adequate costs to parties". The words "to parties" are general; the text does not say that only a winning complainant gets costs.
- (n) "to cease and desist from issuing any misleading advertisement". For the Authority's penalty route on advertisements, see our article on section 21.
Section 39(2): where certain amounts go
"Any amount obtained under sub-section (1) shall be credited to such fund and utilised in such manner as may be prescribed." The text does not say which amounts are covered (for instance, whether compensation to a complainant is) or name the fund; the rules prescribe it.
Section 39(3) and (4): when the bench differs, and signing
39(3). In a proceeding conducted by the President and a member, "if they differ on any point or points, they shall state the point or points on which they differ and refer the same to another member for hearing on such point or points and the opinion of the majority shall be the order of the District Commission". Proviso: "the other member shall give his opinion on such point or points referred to him within a period of one month from the date of such reference."
| Step | What happens |
|---|---|
| Bench of President and one member differ | They state the points of difference |
| Reference | To another member for hearing on those points |
| Time | Other member gives his opinion within one month of reference |
| Result | The majority opinion is the order of the Commission |
39(4). "Every order ... under sub-section (1) shall be signed by the President and the member who conducted the proceeding", and where the order is by majority opinion, it "shall also be signed by the other member".
What section 39 leaves out
- No rate of interest, no maximum compensation and no formula for punitive damages.
- No time limit for compliance in the section itself; enforcement is in a later section (our article on section 71 when published).
- Appeal lies to the State Commission under section 41; see our article on sections 40-41.
Need help deciding what to claim?
The relief you ask for shapes the evidence you need. We can read your papers, suggest which clauses of section 39 fit and draft the prayer in your complaint. Start with consumer complaint filing and bring the bill, defect proof, laboratory report if any and messages with the seller.
Key takeaways
- Section 39(1) lists fourteen reliefs; the Commission may order one or more.
- Refund of price or charges carries interest as decided by the Commission (39(1)(c)).
- Compensation for loss or injury due to negligence can include punitive damages (proviso to (d)).
- Where many unidentifiable consumers suffer, payment is not less than twenty-five per cent. of the value (39(1)(k)).
- A split bench refers the point to another member, who must opine within one month; the majority prevails.
Read next
- Section 38: procedure on admission of complaint
- Sections 40-41: review and appeal against District Commission order
- Section 20: recall of goods and refund orders
- Consumer Complaint Draft Template
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.