Ex parte order passed by National Consumer Disputes Redressal Commission

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 year, 3 months ago.

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  • #2199

    Anonymous
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    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?

  • #2211

    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:

    • either to file an application to the NCDRC under Section 22-A of the Consumer Protection Act to set aside such ex parte order in the interest of justice; or
    • to file an appeal before the Supreme Court under Section 23 of the said Act.

    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.”

     

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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