Due to absence of my lawyer, the National Consumer Disputes Redressal Commission NCDRC has passed an ex parte order against me. I am the complainant. What is my remedy? Where can I appeal or can I request the Commission to rehear my case?
In such situation, when an ex parte order has been passed by the National Consumer Disputes Redressal Commission (NCDRC) in your case, you have two options:
Both these sections are reproduced below:
“22-A. Power to set aside ex parte orders.—Where an order is passed by the National Commission ex parte against the opposite party or a complainant, as the case may be, the aggrieved party may apply to the Commission to set aside the said order in the interest of justice.”
“23. Appeal.—Any person, aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of Section 21, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order:
Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period:
Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited in the prescribed manner fifty per cent of that amount or rupees fifty thousand, whichever is less.”
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