Sections 72 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 72 makes it an offence to fail to comply with an order of a District, State or National Commission. The punishment is imprisonment of not less than one month and up to three years, or a fine of not less than twenty-five thousand rupees and up to one lakh rupees, or both. Section 73 gives an appeal, on facts and on law, up the ladder within thirty days. These are among the most-read sections of the Act, so each sub-section is taken in order below. If you are deciding whether to press for punishment or to defend against it, our legal dispute resolution team can look at your order.
Whoever fails to comply with any order of the District, State or National Commission is punishable with imprisonment for not less than one month but up to three years, or with fine of not less than Rs 25,000 but up to Rs 1 lakh, or both (72(1)). The Commission has the power of a Judicial Magistrate of first class to try the offence (72(2)) and tries it summarily (72(3)). An appeal lies on facts and on law to the next forum within thirty days (73), and no other appeal lies (73(2)).
Section 72 at a glance
| Sub-section | Subject | Key point |
|---|---|---|
| 72(1) | The offence and punishment | Failure to comply with an order; imprisonment one month to three years, or fine Rs 25,000 to Rs 1 lakh, or both |
| 72(2) | Who tries it | The Commission, with the power of a Judicial Magistrate of first class |
| 72(3) | How it is tried | Summarily, save as otherwise provided |
Section 72(1): the offence and the punishment
"Whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both."
| Penalty | Minimum | Maximum |
|---|---|---|
| Imprisonment | One month | Three years |
| Fine | Rs 25,000 | Rs 1 lakh |
| Both together | Allowed ("or with both") | Allowed |
Points to notice:
- A floor as well as a ceiling. Unlike section 88, which has only maximums, section 72 sets minimums for both imprisonment and fine. The court cannot go below one month if it imposes imprisonment, or below Rs 25,000 if it imposes a fine.
- The punishments are alternatives. "Imprisonment ... or with fine ... or with both." The Commission may impose imprisonment, or fine, or both.
- Any order. The offence is failure to comply with "any order" of the three Commissions, not only money orders. It is not limited to orders under any one section. The text does not say whether the order must have become final, or whether an appeal pending in the meantime affects the offence.
- "Whoever". The text does not name a person. It does not say what happens where a company is the opposite party; the section speaks of "whoever" and gives no rule on who in a company is answerable.
- Alongside enforcement. Section 72 does not say that it replaces section 71. See section 71 on enforcement of orders.
Section 72(2): the Commission as a Judicial Magistrate of first class
"Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the District Commission, the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of first class for the trial of offences under sub-section (1), and on conferment of such powers, the District Commission or the State Commission or the National Commission, as the case may be, shall be deemed to be a Judicial Magistrate of first class for the purposes of the Code of Criminal Procedure, 1973."
The Commission itself tries the offence. The text uses "on conferment of such powers", but does not say who confers them or how. It is a feature of the drafting that this article flags and does not resolve.
Note on the statutes cited: the Code of Criminal Procedure, 1973 was replaced from 1 July 2024 by the Bharatiya Nagarik Suraksha Sanhita (BNSS). The Act is quoted above as printed; this article gives no new section numbers.
Section 72(3): summary trial
"Save as otherwise provided, the offences under sub-section (1) shall be tried summarily by the District Commission or the State Commission or the National Commission, as the case may be."
"Summarily" means the shorter form of trial. The Act does not describe the steps. "Save as otherwise provided" is not tied to any named provision in the text.
Example. The State Commission directs Delta Realty Ltd to hand over possession of a flat and to pay compensation within sixty days. Delta does neither. The buyer applies under section 72. The State Commission, with the power of a Judicial Magistrate of first class, tries the offence summarily. If it finds Delta's responsible person guilty, it can impose imprisonment of one month to three years, a fine of Rs 25,000 to Rs 1 lakh, or both.
Section 73: appeal against an order under section 72
73(1): who hears the appeal
"Notwithstanding anything contained in the Code of Criminal Procedure, 1973, where an order is passed under sub-section (1) of section 72, an appeal shall lie, both on facts and on law from—"
| Order made by | Appeal to |
|---|---|
| District Commission | State Commission |
| State Commission | National Commission |
| National Commission | Supreme Court |
"Both on facts and on law" means the appeal is not limited to a point of law; the facts can be reopened.
73(2): no other appeal
"Except as provided in sub-section (1), no appeal shall lie before any court, from any order of a District Commission or a State Commission or the National Commission, as the case may be." The wording is wide: it speaks of "any order" of the three Commissions and not only orders under section 72. It says "except as provided in sub-section (1)", so a reader should look at the other appeal sections of the Act for orders in complaints; see sections 67–68.
73(3): thirty days and late appeals
"Every appeal under this section shall be preferred within a period of thirty days from the date of order of a District Commission or a State Commission or the National Commission, as the case may be."
- Thirty days run from the date of the order, not from receipt.
- The proviso lets the State Commission, the National Commission or the Supreme Court, as the case may be, entertain an appeal after the thirty days "if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period of thirty days".
- Unlike section 67, section 73 prints no fifty per cent deposit. The pre-deposit in section 67 applies to appeals in complaint cases to the Supreme Court. This article does not read it into section 73.
What the text leaves out
- The sections do not say whether imprisonment may be suspended during an appeal.
- They give no form, fee or filing procedure for the section 72 complaint or the appeal.
- They do not say how long the "summary" trial may take.
- They do not say where a fine is credited or whether it goes to the complainant; the text of sections 72–73 is silent.
Need help with a non-compliance application or an appeal?
If an order has been ignored, or you have been summoned for not complying with one, the first step is to read the order carefully and check the dates. Our team can prepare the application or the appeal within thirty days. Start with a legal dispute resolution consultation and bring the order, proof of service and any record of non-payment.
Key takeaways
- Section 72(1): imprisonment one month to three years, or fine Rs 25,000 to Rs 1 lakh, or both.
- The Commission has the power of a Judicial Magistrate of first class and tries the offence summarily.
- Appeal lies on facts and on law, within thirty days, to the next forum; the National Commission's order goes to the Supreme Court.
- Late appeals may be entertained for sufficient cause.
- No other appeal lies except as provided.
Read next
- Section 71: enforcement of Commission orders
- Section 74: consumer mediation cell
- Sections 88–89: non-compliance with CCPA directions and misleading advertisement offence
- Penalties Under Consumer Protection Act 2019
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.