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Unit 16: The Consumer Protection Act

Transfer of cases: Section 22B provides that on the application of the complainant or of its Notes
own motion, the National Commission may, at any stage of the proceeding, in the interest
of justice, transfer any complaint pending before the District Forum of one state to a District
Forum of another state or before one State Commission to another State Commission.
Circuit Benches: Section 22C provides that the National Commission shall ordinarily function
at New Delhi and perform its functions at such other place as the Central Government may
notify from time to time.

Vacancy in the office of the President: Section 22D provides that when the office of the President
of a District Forum, State Commission, or of the National Commission, as the case may be,
is vacant or a person occupying such office is, by reason of absence or otherwise, unable to

perform the duties of his office, these shall be performed by the senior-most member of the

District Forum, the State Commission, or of the National Commission, as the case may be.
16.4.4 Do Consumer Forums have the Right to Grant Interim
Stay (Temporary Injunction)

The Supreme Court in Morgan Stanley Mutual Fund v Karick Das and Dr Arvind Gupta v SEBI
and Others (II 1994 CPJ 7) held that consumer forums do not have any power to pass any interim
order. It ruled that under s.14 relief by way of ad-interim stay was not at all contemplated.
Therefore, the forums granting any stay by way of interim order would be acting beyond their
jurisdiction under the Act. The Amendment Act, 2002 however, has provided for issue of interim
orders by redressal agencies.

16.4.5 Appeal to the Supreme Court against the Orders of
National Commission

Any person, aggrieved by an order made by the National Commission, may prefer an appeal
against such order to the Supreme Court, within a period of 30 days from the date of the order.
However, Supreme Court may entertain an appeal after the expiry of the said period of 30 days if

it is satisfied that there was sufficient cause for not filing it within that period [s.23].

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 50 per
cent of that amount or ` 55000 whichever is less.
16.4.6 Finality of Orders (S.24)

Every order of a District Forum, the State Commission or the National Commission shall, if no
appeal has been preferred against such order under provisions of the Act, be fi nal.

16.4.7 Limitation Period (S.24A)

The District Forum, the State Commission or the National Commission shall not admit a complaint

unless it is filed within two years from the date on which the cause of action has arisen.

However, a complaint may be entertained after the specified period of two years if the complainant
satisfies the District Forum, the State Commission or the National Commission, as the case may

be, that he had sufficient cause for not filing the complaint within such period. But, no such

complaint shall be entertained unless the District Forum, the State Commission or the National
Commission, as the case may be, records its reasons for condoning such delay.

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