Revision Petition before NCDRC

A consumer matter turns exponentially complex when an order passed by a State Consumer Commission raises a significant legal issue. The issue may not necessarily be that the consumer is simply unhappy with the verdict.

Questions relating to jurisdiction error or material irregularity or illegal exercise of jurisdiction can give rise to a separate legal issue which can be looked into by the National Consumer Disputes Redressal Commission (“NCDRC”). Section 58(1)(b) of the Consumer Protection Act, 2019 (“Act”) empowers NCDRC to exercise revisional jurisdiction in such situations.

As far as consumers in Delhi NCR or elsewhere in India are concerned, the challenge sometimes starts with understanding if the issue involved in an order of State Commission involves revisional jurisdiction. A layman’s belief that something is not right with the order passed cannot, by itself clarify legal position of the issue.

What Problems Can Arise in a Revision Petition before NCDRC?

Typically, a Revision Petition before NCDRC comes into play where the order of the State Commission is brought forth which is seen to raise questions regarding the exercise of jurisdiction. As per Section 58(1)(b), the grounds on which the NCDRC exercises revisional jurisdiction include where a State Commission has exercised jurisdiction not vested in it by law, or when the State Commission has failed to exercise jurisdiction vested in it by law, or when it has acted illegally or with material irregularity while exercising its jurisdiction.

Thus for a consumer, determining the exact grievance might not be easy. There could be a question pertaining to the jurisdiction exercised by the State Commission and not simply a disagreement with the finding on facts.

Why Does the State Commission Order Become a Problem?

Revision petitions can generate anxiety when the aggrieved party feels that a significant jurisdictional matter has not been adequately addressed in the State Commission order. The feeling of being cheated intensifies if the order seems to have pronounced upon a substantial procedural or jurisdictional anomaly.

Revision poses a greater dilemma because it is not merely a second chance to rehash all the arguments presented before the State Commission. What you choose to contest is crucial. The drafting guidelines provided on NCDRC’s own website create a clear demarcation between revisional proceedings and the underlying consumer complaint. It further elevates the disputed State Commission order to a “docile being.”

If you are a consumer looking for NCDRC lawyers in Delhi NCR, this very differentiation confuses you initially.

What Documentation Problems Can Affect the Matter?

Revision proceedings stand taken on record from the consumer dispute can be huge. Reference to documents that need to be filed along with revision- petition at NCDRC can be seen here. These documents include State Commission order, District Commission order, original complaint, reply, rejoinder, evidence and any other documents relied upon by the parties.

Incomplete record therefore lead to a host of practical difficulties in trying to figure out what transpired in the lower consumer forums.

Date on which free certified copy of State Commission order was received is mentioned as a relevant filing detail in the NCDRC website. It also refers to a time period of 90 days from receipt of such certified copy to file a revision petition.

Problems Caused by an Incomplete Case Record

One other practical consideration relates to whether all of the pleadings and evidence comprising the entire case record will be available. Consumer disputes can go through multiple phases and filings made at the District Commission and State Commission can become critical when reviewing the later order.

Missing pleadings, incomplete evidence or ambiguous dates/copy/pastes of orders can obscure the factual and procedural history of the dispute. BK Singh Advocate understands that the paper trail can often be key to deciphering exactly what matter has come before the NCDRC.

Confusion Between Appeal and Revision

Often consumers tend to use the terms “appeal” and “revision” interchangeably. However, in law, they are not equivalent terms used to refer to the same proceeding.

Revision Petition before NCDRC has a statutory meaning under Consumer Protection Act, 2019. The grounds of challenge, the order challenged and the jurisdiction can therefore become relevant factors in understanding the nature of the proceeding.

Why the Impugned State Commission Order Matters

The order passed by the State Commission is usually the order primarily dealt with in a revision proceeding. The findings, discussion points, jurisdiction & procedural history mentioned in that order may all become important to help you know the issue being challenged at NCDRC.

If a consumer studied only the last paragraph of an order against him/her, he/she may not be aware of the entire story. Pleadings, evidence and previous orders may also be included in the background.

Why Is Revision Jurisdiction Often Misunderstood?

Revision petitions are wrongly filed for every unfavourable order received from the consumer forum against consumers. Statute says something slightly different. Section 58(1)(b) reads "jurisdictional order" of the State Commission.

Understanding this difference is significant for consumers, traders, insurers, builders, hospitals, banks and everyone who gets entangled in consumer disputes. An unsavoury result and a valid ground for revisional jurisdiction are two different things.

Problems Consumers May Face Before NCDRC

A person contemplating filing Revision Petition before NCDRC may have a host of related issues/questions:

• whether the State Commission properly exercised jurisdiction or not;
• whether a purported irregularity alleged by the petitioner is properly curable within revisional jurisdiction;
• failure of records of earlier proceedings;
• confusion regarding limitation period applicable;
• whether there is any distinction between revision and other modes of challenge;
• evaluating the materiality of impugned order; or
• whether there are any pending/arising proceedings.

Issues regarding connected revision petitions/appeals and proceedings having same question of law is also a requisite in the NCDRC's own proforma , thus indicating that the surrounding litigation matrix matters.

How BK Singh Advocate Relates to These NCDRC Concerns

BK Singh Advocate will concentrate on identifying (i) the nature of the dispute, (ii) impugned order; and (iii) the legal issues emanating from the facts of the consumer proceedings in case of an unfavourable order from State Commission for you as a consumer or business.

Revision Petition before NCDRC may involve numerous technical issues which may not be apparent to a layman trying to identify grievance against order of National Commission in consumer litigation. The issue could be with respect to jurisdiction, material irregularity, procedure/commissions undertaken at each stage or interplay of orders passed by various consumer-forums.

If you are looking for a lawyer who handles NCDRC cases, visit BK Singh Advocate for more understanding on the professional background.

Frequently Asked Questions