Consumer Protection Act Section Finder
Find the Right Section for Your Complaint
Select your issue type below to identify the correct section of the Consumer Protection Act, 2019.
Section 49 of the Consumer Protection Act, 2019 doesn’t exist. That’s not a typo. If you’re searching for Section 49, you’re likely mixing it up with Section 2(47), which defines unfair trade practices, or Section 47, which deals with the powers of the District Commission. There is no Section 49 in the current law.
This confusion happens often. People hear about a "Section 49" in news reports or from friends who filed complaints, but they’re actually referring to other parts of the law. The Consumer Protection Act, 2019 replaced the older 1986 version, and many old references still float around online. If you’re trying to file a complaint or get a refund, you don’t need Section 49-you need the right section that actually applies to your situation.
What the Consumer Protection Act, 2019 Actually Covers
The Consumer Protection Act, 2019 is India’s main law for protecting buyers from dishonest sellers, defective products, and poor services. It gives you the right to get a refund, replacement, or compensation if you’re cheated. The law doesn’t use numbered sections like Section 49 to describe rights. Instead, it organizes them into clear chapters with specific powers assigned to consumer commissions.
For example, if you bought a phone that stopped working after a week and the company refused to fix it, you’re protected under Section 2(9), which defines "defect in goods." If the company lied about the phone’s features to get you to buy it, that’s an unfair trade practice under Section 2(47). If you paid for a service that was never delivered, like a gym membership you never got to use, that’s covered under Section 2(11) for "deficiency in service."
Why People Think Section 49 Exists
Older versions of the law, like the Consumer Protection Act, 1986, had different numbering. Some websites and blogs still copy-paste outdated info. A few legal portals even list "Section 49" as a placeholder for consumer remedies, but it’s not real. Even some district consumer commissions accidentally reference it in informal advice.
Another reason for the confusion? Section 47 of the 2019 Act gives the District Commission the power to order refunds, replacements, or compensation. People hear "Section 47" and misremember it as "Section 49." It’s a simple mistake, but it can delay your complaint if you’re searching for the wrong section.
What You Should Do Instead
If you’ve been wronged as a consumer, don’t waste time looking for Section 49. Focus on what actually matters: documenting your case and filing under the right section.
- Save your receipt, warranty card, or invoice. Without proof of purchase, your case won’t move forward.
- Write down what went wrong. Did the product break? Was the service not delivered? Did the company make false claims?
- Send a written complaint to the seller or service provider. Give them 15 days to respond. Keep a copy.
- If they ignore you or refuse to fix it, file a complaint with the District Consumer Disputes Redressal Commission. You can do this online at consumerhelpline.gov.in.
You don’t need a lawyer to file. The process is designed for regular people. The commission can order the company to refund your money, replace the product, or pay you compensation for harassment or loss.
Real-Life Example: A Broken Air Conditioner
In 2024, a homeowner in Pune bought a new air conditioner for ₹45,000. After 12 days, it stopped cooling. The company sent a technician three times, but the issue stayed. When they asked for a replacement, the company said, "It’s out of warranty." But the warranty was 18 months. The homeowner filed a complaint under Section 2(9) for defect in goods and Section 2(47) for unfair trade practice-because the company had advertised "18-month warranty" but refused to honor it.
The District Commission ordered the company to replace the unit and pay ₹15,000 in compensation for the inconvenience. The case took 45 days. No Section 49 was involved.
Key Sections You Actually Need to Know
Here are the real sections that matter to most consumers:
- Section 2(9): Defines "defect in goods"-any fault, imperfection, or shortcoming in quality, quantity, or performance.
- Section 2(11): Defines "deficiency in service"-any fault in the quality, nature, or manner of service.
- Section 2(47): Defines "unfair trade practice"-false advertising, misleading labels, or refusing to honor warranties.
- Section 12: Allows you to file a complaint if you’ve suffered loss or damage due to a defective product or service.
- Section 47: Gives the District Commission the power to order refunds, replacements, or compensation.
- Section 53: Lets you appeal to the State Commission if you’re not happy with the District Commission’s decision.
These are the sections you’ll use in 95% of consumer cases. Memorize them. Print them. Keep them on your phone.
Common Myths About the Consumer Protection Act
There are a lot of myths floating around. Here are the top three:
- Myth: You need to pay a lawyer to file a complaint. Fact: You can file for free. The commission doesn’t charge fees for consumers.
- Myth: Only big companies can be complained about. Fact: You can file against a local shop, a small online seller, or even a freelance service provider.
- Myth: You have to go to court. Fact: Consumer commissions are not regular courts. They’re faster, simpler, and designed for everyday people.
What Happens After You File
Once you file a complaint online or in person, the commission will send a copy to the seller. They have 30 days to respond. If they don’t, the commission can decide in your favor by default. If they respond, a hearing is scheduled. Most cases are settled in 3 to 6 months.
The commission can order:
- Refund of the purchase price
- Replacement of the defective product
- Removal of the defect
- Compensation for loss or injury
- Payment of legal costs
- Discontinuation of unfair trade practices
They can even punish the seller with a fine if they find fraud or repeated violations.
When to Go Higher: State and National Commissions
If the amount you’re claiming is over ₹1 crore, you go to the National Commission. If it’s between ₹50 lakh and ₹1 crore, you go to the State Commission. Most people deal with the District Commission, which handles claims up to ₹50 lakh.
Don’t worry about the levels. Start at the District level. If you lose and believe you’re right, you can appeal. The law lets you do that without extra cost.
Final Tip: Use the Official Portal
The best place to file a complaint is the National Consumer Helpline portal: consumerhelpline.gov.in. It’s free, simple, and available in 12 languages. You can upload your receipt, write your complaint, and track the status. No need to visit an office. No need to hire a lawyer.
Remember: Section 49 doesn’t exist. But your rights do. And they’re strong. Use the real sections. Use the real tools. And don’t let misinformation stop you from getting what you’re owed.
Is there really no Section 49 in the Consumer Protection Act, 2019?
Yes, there is no Section 49 in the Consumer Protection Act, 2019. The law has 71 sections, but none of them are numbered 49. This is a common myth that comes from outdated sources or misremembered references to Section 47, which gives consumer commissions the power to order refunds and compensation.
What should I do if I was told to cite Section 49 in my complaint?
Ignore it. File your complaint using the correct sections: Section 2(9) for defective goods, Section 2(11) for poor service, or Section 2(47) for false advertising. The consumer commission doesn’t reject cases for using the wrong section number-they look at the facts of your case. But using the right sections makes your complaint stronger and faster to process.
Can I still get a refund if the seller says Section 49 doesn’t apply?
Absolutely. Your right to a refund comes from Section 12 and Section 47, not Section 49. If the product is defective or the service was not delivered as promised, the law requires the seller to fix it or return your money. The seller’s claim about Section 49 is either a misunderstanding or an attempt to delay you.
Where can I file a consumer complaint in India?
You can file online at consumerhelpline.gov.in, which connects you to your local District Consumer Commission. You can also visit the office in person. The process is free, and you don’t need a lawyer. Keep your receipt, proof of complaint, and communication records ready.
How long does a consumer complaint take to resolve?
Most cases are resolved within 3 to 6 months. The commission must issue a decision within 90 days of receiving the reply from the seller. If they don’t, you can ask for an extension or appeal. Online filings are usually faster because there’s no paperwork delay.