Appeal Against 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.
If you are unhappy with a District Commission order, the Act gives two routes. Section 40 lets the District Commission review its own order for an error apparent on the face of the record, on its own motion or on an application within thirty days. Section 41 lets any person aggrieved appeal to the State Commission within forty-five days, on facts or law, with a fifty per cent. deposit if the order requires payment. Mediation settlement orders cannot be appealed. Counting from the right date matters, so a legal dispute resolution adviser should see the order early.
Review (40): the District Commission may review its order if there is an error apparent on the face of the record, on its own motion or on a party's application within thirty days of the order. Appeal (41): any person aggrieved may appeal to the State Commission on facts or law within forty-five days from the date of the order, in the prescribed form and manner. Late appeals may be entertained for sufficient cause. An appellant who must pay under the order must deposit fifty per cent. of that amount. No appeal lies against a mediation-settlement order under section 81(1).
Sections 40 and 41 at a glance
| Provision | Remedy | Period | Key condition |
|---|---|---|---|
| Section 40 | Review by the District Commission | Thirty days of the order (on application) | Error apparent on the face of the record |
| Section 41 | Appeal to the State Commission | Forty-five days from the date of the order | Grounds of facts or law; form and manner as prescribed |
| First proviso | Late appeal | After forty-five days | Sufficient cause |
| Second proviso | Deposit | Before the appeal is entertained | Fifty per cent. of the amount payable under the order |
| Third proviso | Bar | No appeal | Order under section 81(1) on mediation settlement |
Section 40: review by the District Commission
"The District Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order."
Four points:
- Narrow ground. Only "an error apparent on the face of the record". The Act does not define it. It is not a general re-hearing of the merits.
- Two routes. The Commission may act on its own motion, or on an application by "any of the parties".
- Thirty days. The period is stated for the party's application: "within thirty days of such order". The text counts from the order and not from receipt of a copy. The Act does not say whether the own-motion route has a time limit.
- No stay. The section does not say that a review application pauses the order or the time for appeal. The text is silent on whether the time spent on review is excluded from the forty-five days under section 41.
The State Commission has the same power over its own orders under section 50; see our article on sections 48-50.
Example. The District Commission's order mentions the wrong amount of price paid, though the bill on record shows another figure. A party applies within thirty days, pointing to the bill. This is an error apparent on the face of the record that the Commission can correct on review. A disagreement about how the Commission weighed the evidence is not of that kind.
Section 41: appeal to the State Commission
"Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of forty-five days from the date of the order, in such form and manner, as may be prescribed".
| Element | What the text says |
|---|---|
| Who | "Any person aggrieved", which can include the complainant (for example, if relief is refused or reduced) and the opposite party |
| Against what | An order made by the District Commission |
| To whom | The State Commission |
| Grounds | Facts or law |
| Time | Forty-five days from the date of the order |
| Form and manner | As prescribed |
The period runs "from the date of the order", not from receipt of a copy. This differs from the wording of some other appeal sections in the Act, such as section 24 on the Authority's orders, which count from receipt. See our article on section 24. A person who receives the order late should still act quickly and use the sufficient-cause proviso if needed.
First proviso: late appeals
"The State Commission may entertain an appeal after the expiry of the said period of forty-five days, if it is satisfied that there was sufficient cause for not filing it within that period." The Act does not define "sufficient cause" and gives no outer limit.
Second proviso: fifty per cent. deposit
"No appeal by a person, who is required to pay any amount in terms of an order of the District Commission, shall be entertained by the State Commission unless the appellant has deposited fifty per cent. of that amount in the manner as may be prescribed."
- It applies to an appellant who is required to pay any amount under the order.
- The deposit is fifty per cent. of that amount.
- The manner of deposit is as prescribed.
- The words are "shall not be entertained unless", so the deposit is a condition of the appeal being heard.
The text does not say whether "any amount" includes interest and costs, and it does not say what happens if the deposit is made late. It also does not say that the State Commission can reduce the deposit.
| Order requires the appellant to... | Deposit needed? |
|---|---|
| Pay money (refund, compensation, costs) | Yes, fifty per cent. of the amount |
| Only replace goods or discontinue a practice | The text speaks of "any amount" required to be paid; no money amount appears to be involved |
| Nothing (complainant appeals against refusal of relief) | No |
The last two rows are readings of the words, not statements in the text; check your own order.
Example. A trader is ordered to pay a buyer ten lakh rupees as refund and compensation. To appeal he must deposit five lakh rupees, being fifty per cent. of that amount, in the manner prescribed, and file within forty-five days of the order. A buyer who is dissatisfied with a small award can appeal without any deposit.
Third proviso: no appeal from a mediation settlement order
"No appeal shall lie from any order passed under sub-section (1) of section 81 by the District Commission pursuant to a settlement by mediation under section 80." So if parties settle through mediation and the Commission records the settlement under section 81(1), the order is final in this sense. See our article on sections 79-81 when published, and our article on section 37.
Review or appeal: how to choose
| Review (s.40) | Appeal (s.41) | |
|---|---|---|
| Forum | Same District Commission | State Commission |
| Ground | Error apparent on the face of the record | Facts or law |
| Time | Thirty days of the order (application) | Forty-five days from the date of the order |
| Deposit | None stated | Fifty per cent. if payment is ordered |
The Act does not say that review must come first or that a review bars an appeal. Because the text is silent on whether review stops the forty-five days, a careful appellant may file the appeal in time and also seek review if both grounds exist.
What the sections leave out
- No form, fee or procedure for the appeal; they are prescribed.
- No express power for the State Commission to stay the District Commission's order, in these sections.
- No further appeal from the State Commission is described here; that is in section 51, see our article on sections 51-52.
Need help with a review or appeal?
The forty-five-day clock and the fifty per cent. deposit make an appeal time-critical. We can read the order, advise on review versus appeal, and prepare the grounds. Begin with legal dispute resolution and bring the order, proof of the date you received it and your bank details for any deposit planning.
Key takeaways
- The District Commission may review its order for an error apparent on the face of the record, on its own motion or on an application within thirty days (40).
- Appeal to the State Commission lies within forty-five days from the date of the order, on facts or law (41).
- Late appeals need sufficient cause.
- A person ordered to pay must deposit fifty per cent. of the amount before the appeal is entertained.
- Orders recording a mediation settlement under section 81(1) are not appealable.
Read next
- Section 39: reliefs the District Commission can order
- Sections 42-46: State Commission establishment, members and staff
- Sections 51-52: appeal to the National Commission
- Consumer Dispute Redressal Commissions: District, State, National
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.