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Section 28: Establishment of District Consumer Disputes Redressal Commission

Consumer Protection Act • Official Statutory Text & Practice Guide

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Act 2019
Section 27 All 107 Sections of Consumer Protection Act Section 29

Legal Commentary & Landmark Judgments: Section 28

Section 28 commands the State Government to establish, by notification in the Official Gazette, a District Consumer Disputes Redressal Commission (District Commission) in each district of the State, with plenary power to establish more than one District Commission in a single district to meet high caseloads. It forms the frontline tier of the consumer dispute adjudication machinery, consisting of a President and not less than two members.

  • Mandatory State Establishment in Each District: Under Section 28(1), the State Government is statutorily obligated to establish a District Commission in each revenue district, ensuring accessible local justice across the State.
  • Multi-Bench Creation Power: Section 28(1) proviso explicitly authorizes the establishment of more than one District Commission in any district if the State Government deems it necessary to manage caseload volume.
  • Minimum Coram Architecture: Section 28(2) prescribes that each District Commission shall consist of a President and not less than two members (which may be increased in consultation with the Central Government), blending judicial and non-judicial expertise.
Key Landmark Precedents:
  • State of Karnataka v. Vishwabharathi House Building Coop. Society (2003) 2 SCC 412: The Supreme Court upheld the constitutional validity of establishing District Forums/Commissions under the Consumer Protection Act, ruling that Parliament is competent to create specialized quasi-judicial adjudicatory bodies.
  • All U.P. Consumer Protection Bar Association v. State of U.P. (2017) 1 SCC 444: The Supreme Court issued comprehensive writ directions commanding State Governments to fill vacancies, provide adequate infrastructural facilities, and operationalize District Commissions across all districts without delay.
Courtroom Practice & Strategic Litigation Guidance:

Before instituting a consumer complaint, confirm whether the district has multiple District Commissions established under Section 28(1) proviso (e.g., in major urban metropolitan districts like Mumbai, Delhi, Bengaluru, or Ahmedabad). Verify the territorial bifurcation notification issued by the State Government to ensure presentation before the correct District Commission Bench having local territorial competence.

Section 27 All 107 Sections of Consumer Protection Act Section 29