Power of and Procedure Applicable to the National Commission in India

The National Commission plays a critical role in the consumer dispute resolution framework under the Consumer Protection Act, 2019. As the apex body for consumer grievances, it has significant powers and responsibilities for adjudicating disputes and overseeing the decisions of the State Commissions and District Forums. This article delves into the powers of the National Commission and the procedures that apply to its functioning.

1. Application of Procedural Provisions to the National Commission

The National Commission is governed by certain provisions of the Consumer Protection Act that are also applicable to the District Forums and State Commissions. According to the Act, the provisions related to the disposal of complaints, namely sections 12, 13, and 14, are applicable to the National Commission with such modifications as the Commission deems necessary.

These sections deal with:

• Section 12: Procedures for the admission of complaints and the issuance of notices to the opposite party.
• Section 13: The process of investigating complaints and directing hearings.
• Section 14: Orders that can be passed after hearing the parties, including directions for compensation or other remedies.

The National Commission uses these provisions to ensure fair and effective resolution of disputes brought before it. These rules and guidelines provide a robust framework for processing complaints and making decisions based on the facts and evidence presented.

2. Review Power of the National Commission

The National Commission has the authority to review its own orders in cases where there is an error apparent on the face of the record. This power allows the Commission to correct any mistakes that may have occurred during the proceedings. The review process is an important aspect of ensuring that justice is properly served, and that no errors go unchecked that could affect the outcome of the case.

• Error apparent on the face of record refers to situations where a mistake is evident from the documents or records of the case, such as a misinterpretation of the facts or a legal misstep in the decision-making process.

This power helps the National Commission maintain accuracy and fairness in its decisions.

3. Power to Set Aside Ex Parte Orders

An ex parte order is one passed in the absence of one of the parties, usually due to their failure to appear for the proceedings. The National Commission has the power to set aside any ex parte order passed against an opposite party or complainant. If a party believes that an order has been passed unfairly in their absence, they can apply to the National Commission to have that order set aside, provided there is a justifiable reason for their non-appearance.

This provision ensures that parties who were unable to attend due to genuine reasons have a chance to present their case, upholding the principles of natural justice.

4. Transfer of Cases

The National Commission has the discretion to transfer cases between District Forums and State Commissions when necessary, in the interest of justice. This power can be exercised at the request of the complainant or on the National Commission’s own motion. The transfer of cases may occur in various circumstances, such as:

• If the complainant faces difficulties due to geographic distance.
• If there is a conflict of interest or bias in the current forum.
• If a District Forum or State Commission is unable to hear the case for logistical reasons.

The power to transfer cases ensures that consumers have access to justice in an efficient manner, regardless of where they are located.

5. Circuit Benches

The National Commission typically operates from New Delhi, but in certain cases, it can hold hearings at other locations as well. This is done through the establishment of Circuit Benches. The Central Government, in consultation with the National Commission, can notify the establishment of these benches at different places across India to facilitate easy access to justice for consumers in various regions.

The Circuit Benches ensure that the National Commission’s services are accessible to consumers beyond New Delhi, reducing the travel burden on complainants from distant states.

6. Vacancy in the Office of the President

The President of the National Commission holds an important position, but in the event of the office being vacant or the President being unable to perform duties, the senior-most member of the National Commission takes over the responsibilities of the President. This provision ensures continuity in functioning and prevents delays in the resolution of cases due to administrative gaps.

Additionally, if a retired Judge of a High Court serves as a member of the National Commission, they will preside over the Commission in the absence of the President. This ensures that the National Commission is always able to function effectively, even in the absence of the appointed President.

7. Qualifications and Terms of Service for the President and Members

The qualifications, appointment, terms of office, salaries, and allowances of the President and members of the National Commission are governed by the provisions of section 184 of the Finance Act, 2017. However, members appointed before the commencement of this section will continue to follow the earlier provisions of the Consumer Protection Act, 2019. The Act ensures that individuals with appropriate qualifications and experience serve in these key positions, maintaining the integrity and effectiveness of the National Commission.

8. Conclusion

The National Commission is the highest forum for consumer disputes in India, empowered with a wide range of powers and procedural mechanisms to ensure efficient dispute resolution. Its powers of review, setting aside ex parte orders, transferring cases, and holding circuit bench hearings ensure that justice is not only served but also made accessible to all consumers. By maintaining robust procedural safeguards, the National Commission helps strengthen the consumer protection framework in India.

If you need assistance in filing a complaint, appealing a decision, or sending a legal notice, the team at Legal Light Consulting is here to help. As one of the best law firms specializing in consumer protection cases, we can provide expert guidance on navigating the complex legal processes involved in consumer disputes. Contact us today to ensure your rights are upheld.