The Consumer Protection Act, 2019 and the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 provide for expeditious disposal of cases by the Consumer Commission. To ensure timely disposal of cases it has been provided that adjournment shall be entertained in exceptional circumstances and the reason for the same to be recorded in writing.
NCDRC
- The National Consumer Disputes Redressal Commission (NCDRC), India is a quasi-judicial commission in India which was set up in 1988 under the Consumer Protection Act of 1986. Its head office is in New Delhi. The commission is headed by a sitting or retired judge of the Supreme Court of India.
- Section 21 of Consumer Protection Act, 1986 posits that the National Consumer shall have jurisdiction to entertain a complaint valued more than one crore and also have Appellate and Revisional jurisdiction from the orders of State Commissions or the District fora as the case may be.
- Section 23 of Consumer Protection Act, 1986, provides that any person aggrieved by an order of NCDRC, may prefer an Appeal against such order to the Supreme Court of India within a period of 30 days.
Consumer Commission Procedure Regulations
- The Regulations specify the procedure to be followed by the Commission while dealing with cases of consumer disputes.
- The Regulations specify arrangements in the Consumer Commission, hearing hours, dress code etc.
- The Regulations also set the timeline for filing of matters before the Commission. The limitation period under the Regulations is as follows:
. Revision Petition shall be filed within 90 days from the date of receipt of certified copy of the order.
. Application for setting aside the ex-parte order under Section 61 or dismissal of the complaint in default shall be maintainable if filed within 30 days from the date of the order or date of receipt of the order.
. An application for review under Sections 40, 50 and 60 shall be filed to the District Commission, the State Commission and the National Commission, respectively, within 30 days from the date of the order.
- The period of limitation for filing any application for which no period of limitation has been specified in the Act or the rules or in these regulations shall be 30 days from the date of the cause of action or the date of knowledge.