National Commission – Under Section 53, the Central Government shall, by notification, establish a National Consumer Disputes Redressal Commission, to be known as the National Commission.
Composition of National Commission [Section 54]
The National Commission shall consist of-
- A President; and
- not less than four and not more than eleven members, of whom at least one member shall be a woman.
Vacancy [Section 63] | National Consumer Disputes Redressal Commission
In case of a casual vacancy in the office of President in the State Commission, the State Government shall have the power to appoint the senior most member to officiate as President.
Qualifications [Section 55]
- He should be a Judge of the Supreme Court either serving or retired.
- He should have age not more than – (a) in the case of the President, seventy years. (b) in the case of any other member, sixty-seven years.
- He should have an experience of at least ten years as presiding officer of a High court.
- He should have a bachelor’s degree from a recognised university.
- He should be a person of ability, integrity and standing, and has special knowledge and professional experience of not less than twenty years in consumer affairs, law, public affairs, administration, economics, commerce, industry, finance, management, engineering, technology, public health or medicine:
- At least one member or the President of the National Commission shall be a woman.
Term of office | National Consumer Disputes Redressal Commission
The President and members of the National Commission shall hold office for a term not exceeding five years from the date on which he enters upon his office or has attained the age as specified (67 or 70) and shall be eligible for re-appointment.
Salary and Allowances
Neither the salary and allowances nor the other terms and conditions of service of President and members of the National Commission shall be varied to his disadvantage after his appointment.
Seal and emblem | National Consumer Disputes Redressal Commission
The official seal and emblem of the National Commission shall be such as the Central Government may specify.
Sitting of National Commission and Signing of Orders
The President of the National Commission shall convene sittings of the National Commission as he think fit.
Every order made by the National Commission shall be signed by the members who conducted the proceeding and if there is any difference of opinion among the members of the Bench, the opinion of the majority shall be the order of the National Commission.
Jurisdiction of National Commission [Section 58]
Pecuniary Jurisdiction – The National Commission shall have jurisdiction to hear complaints when the value of the goods or services paid as consideration exceeds rupees ten crore provided that the Central Government may prescribe such other value as it considers essential.
Appellate Jurisdiction – The National Commission shall have jurisdiction to entertain the appeals against the orders of any State Commission or appeals against the orders of the Central Authority and to call for the records and pass appropriate orders in any consumer dispute pending before or decided by any State Commission, where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, has failed to exercise a jurisdiction so vested, or has acted illegally or with material irregularity in exercising its jurisdiction.
Proceedings before National Commission [Section 36 and 59]
- Every proceeding before the National Commission shall be conducted by the President of that Commission and atleast one member thereof, sitting together.
- On receipt of a complaint made under Section 35, the National Commission may, by order, admit the complaint for proceeding with it or reject it. It shall be decided within twenty-one days of the date on which the complaint was filed otherwise it is presumed to have been allowed.
- The National Commission has the power to require the production of any book, account, document, or commodity. Following an inspection of such seized documents or commodities, the State Commission may order their retention or return to the person involved.
Review by National Commission in certain cases [Section 60]
The National 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.
Power to set aside ex parte orders [Section 61] | National Consumer Disputes Redressal Commission
An ex parte order is an order issued by a court or authority without hearing the other party.
When the National Commission issues an ex parte order, the aggrieved party could approach the Commission to set aside its decision.
If the aggrieved party applies to the National Commission, this provision gives the power of restoration by setting aside an ex parte order made by the National Commission on a previous occasion. Section 61 specifies that, in order to achieve the goals of justice, an ex parte order issued by the National Commission may be reversed if the opposing party or a complaint applies. This clause is founded on the idea of natural justice and fair play, which states that the Commission should hear the opposing party before making any decision.
Transfer of cases [Section 62] National Consumer Disputes Redressal Commission
The National Commission may, at any stage of the proceeding, transfer any complaint pending before a District Commission of one State to a District Commission of another State or from one State Commission to another State Commission on the application of the complainant or on its own motion, in the interest of justice.
Appeal against order of National Commission [Section 67]
- Any individual who is dissatisfied with a National Commission order may file an appeal with the Supreme Court under Section 58 within thirty days of the date of the order.
- The Supreme Court may hear an appeal after the expiration of the thirty day term if it is convinced that there was sufficient grounds for not submitting it within that period.
Finality of Orders [Section 68]
Every order of a National Commission shall be final, if no appeal has been preferred against such order under the provisions of this Act.
Enforcement of Orders of National Commission [Section 71]
Every order made by a National Commission would be same as a decree made by a Civil Court in a suit.
Under Section 72, whoever fails to comply with any order made by the National Commission shall be punishable with imprisonment for a term of one month to three years, or with fine of twenty-five thousand rupees to one lakh rupees, or with both.
Administrative Control [Section 70]
The National Commission shall have administrative control over all the State Commissions in the following matters, namely
- monitoring performance of the State Commissions.
- investigating into any allegations against the President and members of a State Commission and submitting inquiry report to the central Government.
- issuance of instructions regarding adoption of uniform procedure in the hearing of matters.
- overseeing the functioning of the State Commission or the district commission either by way of inspection or by any other means, as the National Commission would like to seek.
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1. What is the composition of the National Commission? National Consumer Disputes Redressal Commission
The National Commission shall consist of-
(a) a President; and
(b) not less than four and not more than eleven members, of whom at least one member shall be a woman.
2. What are the qualification required to be a member or president of the national commission?
1. He should be a Judge of the Supreme Court either serving or retired.
2. He should have age not more than –
(a) in the case of the President, seventy years.
(b) in the case of any other member, sixty-seven years.
3. He should have an experience of at least ten years as presiding officer of a High court.
4. He should have a bachelor’s degree from a recognised university.
5. He should be a person of ability, integrity and standing, and has special knowledge and professional experience of not less than twenty years in consumer affairs, law, public affairs, administration, economics, commerce, industry, finance, management, engineering, technology, public health or medicine:
6. At least one member or the President of the National Commission shall be a woman.
3. What is the term of office of President or any member of the National Commission?
The President and members of the National Commission shall hold office for a term not exceeding five years from the date on which he enters upon his office or has attained the age as specified (67 or 70) and shall be eligible for re-appointment.
4. Who will convene the sittings of the national commission and who will sign the orders made by the national commission?
The President of the National Commission shall convene sittings of the National Commission as he think fit.
Every order made by the National Commission shall be signed by the members who conducted the proceeding and if there is any difference of opinion among the members of the Bench, the opinion of the majority shall be the order of the National Commission.
5. What is the jurisdiction of the national commission? National Consumer Disputes Redressal Commission
Pecuniary Jurisdiction – The National Commission shall have jurisdiction to hear complaints when the value of the goods or services paid as consideration exceeds rupees ten crore provided that the Central Government may prescribe such other value as it considers essential.
Appellate Jurisdiction – The National Commission shall have jurisdiction to entertain the appeals against the orders of any State Commission or appeals against the orders of the Central Authority and to call for the records and pass appropriate orders in any consumer dispute pending before or decided by any State Commission, where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, has failed to exercise a jurisdiction so vested, or has acted illegally or with material irregularity in exercising its jurisdiction.
6. What do you understand by an ex parte order? National Consumer Disputes Redressal Commission
An ex parte order is an order issued by a court or authority without hearing the other party.
When the National Commission issues an ex parte order, the aggrieved party could approach the Commission to set aside its decision.
7. What do you understand by the term ‘Transfer of cases’?
The National Commission may, at any stage of the proceeding, transfer any complaint pending before a District Commission of one State to a District Commission of another State or from one State Commission to another State Commission on the application of the complainant or on its own motion, in the interest of justice.
8. Explain the administrative control of the National commission?
Administrative Control [Section 70]
The National Commission shall have administrative control over all the State Commissions in the following matters, namely
(a) monitoring performance of the State Commissions.
(b) investigating into any allegations against the President and members of a State Commission and submitting inquiry report to the central Government.
(c) issuance of instructions regarding adoption of uniform procedure in the hearing of matters.
(d) overseeing the functioning of the State Commission or the district commission either by way of inspection or by any other means, as the National Commission would like to seek.
Reference Books | National Consumer Disputes Redressal Commission
- Consumer Protection Law by Dr.SC Tripathi
- Consumer Protection Act: A Commentary by G. B. Reddy
- Consumer Protection (Law & Practice) by V. K. Agarwal
- Commentary on the Consumer Protection Act by J. N. Barowalia
