Sections 22 and 22A of the Consumer Protection Act 1986: National Commission Procedure, Review and Ex Parte Orders
Sections 22 and 22A of the Consumer Protection Act, 1986 dealt with the procedure and review powers of the National Consumer Disputes Redressal Commission and its power to set aside an ex parte order. The 1986 Act has since been repealed by the Consumer Protection Act, 2019. The current corresponding provisions are principally Sections 59, 60 and 61 of the 2019 Act.
What did Section 22 of the Consumer Protection Act 1986 provide?
Section 22 was titled "Power and procedure applicable to the National Commission". It governed how the National Commission dealt with disputes and also conferred a limited power of review.
Section 22(1) - Procedure: The provisions of Sections 12, 13 and 14 of the 1986 Act, together with the rules made under them for disposal of complaints by the District Forum, applied to disputes before the National Commission with such modifications as the Commission considered necessary.
Section 22(2) - Review: Without prejudice to sub-section (1), the National Commission could review an order made by it where there was an error apparent on the face of the record.
What did Section 22A provide?
Section 22A was titled "Power to set aside ex parte orders". Where the National Commission passed an order ex parte against the opposite party or the complainant, the aggrieved party could apply to the National Commission to set aside that order in the interest of justice.
Current corresponding provisions under the Consumer Protection Act 2019
| Current provision | What it covers |
|---|---|
| Section 59 | Procedure applicable to the National Commission. Sections 35, 36, 37, 38 and 39 relating to complaints apply, with necessary modifications, to complaints before the National Commission. The National Commission may also declare an unfair contractual term null and void. |
| Section 60 | Review by the National Commission where there is an error apparent on the face of the record. Review may be initiated by the Commission itself or on an application by a party made within 30 days of the order. |
| Section 61 | Where the National Commission passes an order ex parte, the aggrieved party may apply to the Commission to set aside that order. |
Meaning of important legal expressions
Error apparent on the face of the record
This expression refers to an evident error capable of being identified from the record without converting review proceedings into a fresh appeal on the merits. Section 60 gives the National Commission a statutory review power in such cases.
Ex parte order
An ex parte order is an order made when a party does not participate or appear and the proceeding is decided in that party's absence. Section 61 of the 2019 Act expressly permits an aggrieved party to seek setting aside of an ex parte order passed by the National Commission.
National Commission
The National Consumer Disputes Redressal Commission, commonly called the NCDRC or National Commission, is the national-level Consumer Commission established under the consumer protection law. Its present jurisdiction and powers are governed by the Consumer Protection Act, 2019 and applicable rules and regulations.
Sections 22 and 22A compared with the 2019 Act
The substance of the former review and ex parte remedies continues under the 2019 Act, but the provisions have been reorganised. Former Section 22 combined procedure and review; the 2019 Act separates procedure under Section 59 and review under Section 60. Former Section 22A corresponds broadly to Section 61.
Official legal resources
For the current statutory text, see the Consumer Protection Act, 2019 on India Code. For online filing, case status, judgments and cause lists, use the Government's e-Jagriti portal. Information about the National Commission is also available on the official NCDRC website.
Practical takeaway
For a current National Commission matter, refer primarily to Sections 59, 60 and 61 of the Consumer Protection Act, 2019. Section 60 is relevant to review for an error apparent on the face of the record and expressly provides a 30-day period for a party's review application. Section 61 deals with setting aside an ex parte order. Sections 22 and 22A of the repealed 1986 Act remain relevant when examining older proceedings, saved actions and historical case law.
This article is a general legal reference and should be read with the current Act, applicable rules, regulations and judicial decisions relevant to the facts of a particular case.