Sections 48-50 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.
Three short sections finish the State Commission's working rules. Section 48 lets it transfer a complaint pending before one District Commission to another within the State if the interest of justice requires. Section 49 applies the procedure of sections 35 to 39 to complaints before the State Commission and lets it declare unfair contract terms null and void. Section 50 gives it power to review its own orders for an error apparent on the face of the record, within thirty days on application. If you need a case moved or reviewed, a legal dispute resolution adviser can frame the application.
Section 48: on the application of the complainant or on its own motion, the State Commission may, at any stage, transfer a complaint pending before one District Commission to another District Commission within the State if the interest of justice so requires. Section 49: the procedure in sections 35, 36, 37, 38 and 39 applies to State Commission complaints with necessary modifications; the Commission may also declare any unfair contract term null and void. Section 50: it may review its own order for an error apparent on the face of the record, on its own motion or on a party's application within thirty days.
Sections 48 to 50 at a glance
| Section | Subject | Key point |
|---|---|---|
| 48 | Transfer | Complaint pending before a District Commission to another within the State; at any stage; interest of justice |
| 49(1) | Procedure | Sections 35 to 39 apply with necessary modifications |
| 49(2) | Unfair contract terms | State Commission may declare them null and void |
| 50 | Review | Error apparent on the face of the record; own motion or application within thirty days |
Section 48: transfer of cases
"On the application of the complainant or of its own motion, the State Commission may, at any stage of the proceeding, transfer any complaint pending before a District Commission to another District Commission within the State if the interest of justice so requires."
| Element | What the text says |
|---|---|
| Who can ask | The complainant, or the State Commission on its own motion |
| Which complaints | Any complaint pending before a District Commission |
| When | At any stage of the proceeding |
| Where to | Another District Commission within the State |
| Test | If the interest of justice so requires |
Points to notice:
- Only the complainant can apply. The sub-section names the complainant and the State Commission's own motion. It does not say the opposite party may apply, though the opposite party may of course bring facts to the State Commission's attention; the text is silent on that.
- Within the State. The transfer cannot go outside the State under this section. A transfer between States is not covered.
- "Interest of justice" is not defined. It could cover, for example, inconvenience to a party or a concern about the fairness of the forum, but the Act gives no list.
- No time or procedure is stated; it is left to the State Commission and to rules.
Transfers beyond a single State are not covered here; a later section deals with transfer of cases at the national level. See our article on sections 61-62 when published.
Example. A complainant files at a District Commission in a distant part of the State because the seller's branch was there, but she lives in another district and the case turns on documents available near her home. She applies to the State Commission to transfer it to the District Commission near her. The State Commission may do so if it finds the interest of justice requires it. For where a complaint may be filed in the first place, see our article on section 34.
Section 49(1): procedure borrowed from the District Commission
"The provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be necessary, be applicable to the disposal of complaints by the State Commission."
So the State Commission follows the same pattern as the District Commission:
| Section | Subject | Our article |
|---|---|---|
| 35 | Who may file a complaint; fee; electronic filing | Section 35 |
| 36 | Bench, admission, deemed admission | Section 36 |
| 37 | Reference to mediation | Section 37 |
| 38 | Notice, reply, testing, ex parte, timelines | Section 38 |
| 39 | Reliefs and findings | Section 39 |
"With such modifications as may be necessary" means that where the District Commission's name or bench rules appear, the State Commission's equivalents are read in. For instance, the bench composition in section 36(1) is replaced in practice by section 47(2), which lets the President constitute benches of one or more members. The text does not list the modifications. Note that the sections applied are 35 to 39 only; the testing and ex parte rules sit in section 38 and so apply, but the review and appeal sections (40 and 41) are not part of this list.
Section 49(2): unfair contract terms declared void
"Without prejudice to the provisions of sub-section (1), the State Commission may also declare any terms of contract, which is unfair to any consumer, to be null and void."
- This is a power in addition to the procedure in 49(1) ("without prejudice").
- It applies to "any terms of contract, which is unfair to any consumer". The definition of "unfair contract" is in section 2(46); see our article on the section 2 definitions.
- The power is given to the State Commission; the District Commission's reliefs in section 39 do not include a similar declaration. Complaints against unfair contracts come to the State Commission under section 47(1)(a)(ii); see our article on section 47.
The text does not say whether a declaration binds only the parties before the Commission or has wider effect. It simply says the term is declared "null and void".
Section 50: review by the State Commission
"The State 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."
This mirrors section 40 for the District Commission:
| Feature | Section 40 (District) | Section 50 (State) |
|---|---|---|
| Ground | Error apparent on the face of the record | Same |
| Own motion | Yes | Yes |
| Application | Within thirty days of the order | Within thirty days of the order |
See our article on sections 40-41. As there, the Act does not say whether a review application stops the time for an appeal to the National Commission under section 51, nor whether the own-motion route has a time limit.
What these sections leave out
- No time limit or procedure for a transfer application, and no mention of costs.
- No list of modifications under 49(1).
- No effect of a declaration under 49(2) beyond "null and void".
- No stay on an order while a review is considered.
Need help with a transfer or review?
A transfer or review application should say precisely why the interest of justice requires it, or where the record shows an apparent error. We can prepare the application and the supporting papers, and check the thirty-day limit. Start with legal dispute resolution and bring the order or the case file.
Key takeaways
- The State Commission may transfer a pending complaint from one District Commission to another within the State, at any stage, if the interest of justice requires (48).
- Sections 35 to 39 apply to State Commission complaints with necessary modifications (49(1)).
- It may declare unfair contract terms null and void (49(2)).
- It may review its own order for an error apparent on the face of the record, within thirty days on application (50).
Read next
- Section 47: jurisdiction of the State Commission
- Sections 51-52: appeal to the National Commission and hearing of appeal
- Sections 40-41: review and appeal against District Commission order
- 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.