(1) The State Government shall, by notification, establish a State Consumer Disputes Redressal Commission, to be known as the State Commission, in the State.
(2) The State Commission shall ordinarily function at the State capital and perform its functions at such other places as the State Government may in consultation with the State Commission notify in the Official Gazette:
Provided that the State Government may, by notification, establish regional benches of the State Commission, at such places, as it deems fit.
(3) Each State Commission shall consist of-
(a) a President; and
(b) not less than four or not more than such number of members as may be prescribed in consultation with the Central Government.
Legal Commentary & Landmark Judgments: Section 42
Section 42 mandates the establishment of a State Consumer Disputes Redressal Commission (State Commission) in each State by notification of the State Government. It constitutes the appellate and intermediate original adjudicatory tier of the consumer dispute redressal machinery, headed by a President and not less than four members, with statutory power to establish regional benches across the State with prior approval of the Central Government.
When filing a complaint or appeal before the State Commission, verify whether regional benches have been notified under Section 42(3) (e.g., Aurangabad/Nagpur benches in Maharashtra, Circuit benches in Rajasthan). Ensure that the bench coram satisfies Section 42(2) and Section 36(1) (conducted by the President or a Judicial Member sitting with at least one member).