How Can You Challenge an NCDRC Order Through a Review Petition?

Receiving an unfavourable order from the National Consumer Disputes Redressal Commission (“NCDRC”) can bring on panic almost instantly. Consumers are suddenly convinced they forgot to file a super-important document. Businesses assume that some obvious factual/legal error must have been incorporated into the order. All too often, that panic leads to further problems as orders are complied with/payment is made/compensation is handed over/execution is allowed/another proceeding is initiated.

“This happened? So what do I do?” is the wrong question to ask. “How do I relitigate the entire case AGAIN?” shouldn’t be your first thought. A review isn’t meant to serve as a second bite at the apple simply because you didn’t like the result.

That language pretty clearly creates a tight deadline by which you need to act. Which is why having someone professionally review the order quickly becomes even more important.

Our team at NCDRC Lawyers, led by Advocate BK Singh, helps consumers, companies, service providers, policyholders, homebuyers and others understand their NCDRC orders. We help clients determine whether they actually need their order reviewed, and if so, how to frame a review application.

The reason? A successful review application often begins with a careful analysis of the order itself. What’s wrong with it? Is the issue apparent from the face of the order already issued? Is your client actually asking the NCDRC to reconsider evidence rather than correct an obvious mistake? Has a different remedy become available to your client since the order was issued?

These may seem like minor differences. But they’re important! The purpose of this page isn’t to provide instructions to litigants on how to represent themselves in a NCDRC review petition. We want to explain why you should consider having your NCDRC order professionally reviewed (and perhaps represented) if it contains an error apparent on the face of the record.

Why Does an NCDRC Review Petition Need Careful Legal Assessment?

Review is a remedy of narrow jurisdiction. The mere fact that you are unhappy with the final result or because you can view the evidence differently to the Tribunal that adjudicated upon it does not mean you automatically can file a review application.

The question is whether the order made by NCDRC suffers from an error apparent on the face of the record and within the four corners of Section 60.

This is where many clients come to seek legal opinion. When you’re looking at an order passed against you, the mind that is reviewing the order can find ten reasons why you’re unhappy with the order. Maybe 2, maybe none of those reasons will actually be reasons which fit cleanly within the narrow parameters of statutory review jurisdiction. Filing a review application several hundred pages long which essentially tries to re-litigate the entire dispute can mask the real issue.

BK Singh can look at the order challenged before NCDRC along with the pleadings, documents and previous proceedings to advise you if the matter appearing to you is reviewable or whether you may want to consider another remedy available to you under the procedure.

Just because NCDRC is close to Delhi is no reason to settle for mediocre review drafts. NCDRC disputes come from Noida, Ghaziabad, Gurugram, Faridabad, Meerut, Lucknow, Jaipur, Chandigarh, Mumbai, Pune Bangalore and many more places throughout India.

The order passed by the National Commission can affect people nationally though they sit in Delhi only.

What Are the Quick Facts About Review of an NCDRC Order?

Asking for the right remedy at the very beginning, even before filing a pleading can save one from a serious procedural mess.

Clients seeking Review of the order passed against them by NCDRC may think twice before rushing into the decision that every order is eligible for Review. Contact Advocate BK Singh

What Does “Review of an NCDRC Order” Actually Mean?

Review by the National Commission is an extremely limited power to review its own order if there is any ground of law.

Section 60 does not permit a de novo re-hearing of the consumer dispute.

“I had better evidence.”

Clients often come to NCDRC Lawyers

“The Commission ought to have accepted my documents.”

“I do not agree to the amount of compensation.”

“My version was not accepted.”

“The version of the opposite party was incorrect.”

While every issue may be legitimately close to your client’s heart, being dissatisfied with the order is not the same thing as finding an error apparent on the face of the record . You have to correctly analyse if the order passed and the record as it exists reveals a type of error against which, in law, a review jurisdiction can be invoked.

That difference often determines whether filing a Review petition is sagacious.

Which Law Governs an NCDRC Review Petition?

One would like to draw your attention to Section 60 of the Consumer Protection Act, 2019 which deals with review petitions in consumer matters.

In brief, the section states that the National Commission may review any order made by it, if there is an error apparent on the face of the record. Such review shall be initiated by the Commission, or on an application by the party (filing of Review Application within the prescribed period).

Additionally, the Consumer Protection Regulations also addresses limitation and other procedural requirements in relation to review applications.

The legal point to understand here is that the power under Section 60 is subjected to reasonable exercise.

Thus, a party seeking a review application is not allowed to get another chance on section 60. This position is more valid in cases where the order which is being reviewed is itself of an Original Complaint filing, first appeal, revision petition or other proceeding had before NCDRC.

As the nature of jurisdiction exercised by NCDRC in the first instance would alter the nature of remedies that could be sought against such order.

Advocate BK Singh would like to analyse the nature of proceeding original proceeded with and the particular grievance you possess against the order. Upon these details he would advise you if a Review Petition would be possible for you.

Is a Review Petition the Same as an Appeal Against an NCDRC Order?

No. Appeal refers to appellate jurisdiction. A review petition asks the SAME Commission to review its order under the very LIMITED statutory standard of review of its order. An appeal takes the SAME order to a higher judicial forum as permitted by statute.

Please don’t let semantics obscure this critical difference.

One client may casually demand an “appeal” when he really needs to file a review petition. Another may want to file a review when the real cause of action can only be addressed on appeal.

Additionally, misnomer can mask a larger problem: time is passing as you consider an unavailable remedy.

That’ why NCDRC Lawyers always analyzes which proceeding gave rise to the order, which specific order is being challenged, what relief the client wants and whether the complaint truly meets the standard of Section 60.

Visit our Appeal to NCDRC from State Commission Page for another equally specific remedy available in the consumer forums.

Is Review Different From a Revision Petition Before NCDRC?

No They serve different purposes.

Section 60 review petition is against order passed by National commission itself whereas as a revision petition is when NCDRC exercises its revisional jurisdiction on the orders passed by State Commission which are eligible for revision as per CPA & Rules .

Clients confuse words because they sound same.

Review means-

If you want to challenge an order passed by a State Consumer Commission, the option you will have is to file an appeal before NCDRC and not to ask NCDRC to revise its own order, then that would be a completely different service. Here's the page on Appeal against State Consumer Commission order before NCDRC which explains that service.

You will have to give Advocate BK Singh the order history for him to suggest what procedural box would fit.

Can Every Unfavourable NCDRC Order Be Reviewed?

NO. THESE ISSUES

Only because you lost or received lower compensation than what you demanded or agree with Commission’ reasoning does not automatically entitle you to a review petition.

Typically, a bona fide review determination begins with questions such as:

• Can the alleged error be determined from the order and record as it stands currently?
• Is the petitioner merely asking this Court to review evidence it previously rejected?
• Is there a material fact in the current record that was overlooked and interpreted in a way that could meet the review standard?
• Is the remedy being sought, essentially, a request for the Commission to retry the case?

A frivolous petition will poison the review versus rehearing at the outset. That’s why many clients like to have someone actually review the order before any papers are drafted.

Allow Advocate BK Singh to help you determine if the complaint you have with the NCDRC order is narrow and reviewable or do you have other legal remedies available for you to pursue.

Who Should Consider Consulting an NCDRC Review Petition Lawyer?

A Legal review could be of advantage to you as a consumer or to your business. As a consumer, you would want us to review an order where your complaint was rejected, you received an unfavourable order on compensation, something was overlooked in the record or any other type of glaring error has been committed. Your Company, Insurer, builder, hospital, bank, E-commerce website, school, travel agency or any other service provider will need our help if the order passed by NCDRC is likely to have serious monetary or operational consequences for your business. Need of Legal Review becomes of special significance in the following circumstances –

• If a significant liability will be incurred by virtue of the order.
• If execution proceedings are going to be initiated.
• If consumer groups or commercial transactions are involved.
• Orders which pertain to voluminous documents.
• If limitation for filing review is running.
• If your client has doubt that a Review petition or appeal or recall petition or any other remedy is available.
• If your client have received some suspicious advice from an unknown source.

We provide our Clients with Review related legal consultation from anywhere in India (Not just Delhi) at NCDRC Lawyers.

Why Should the Entire NCDRC Order Be Reviewed Before Anything Is Filed?

Judges read entire orders. One paragraph rarely tells the whole story.

Other parts of the order may explain why the Commission found what it did. Even pleadings, written submissions, affidavits, annexures and prior orders can help determine whether the alleged error is clearly demonstrated by the record.

Advocate BK Singh will also need any material that was presented to the Commission. A petition for review should be developed from the record created in the underlying proceeding. You cannot assume that a particular argument or piece of evidence can be introduced for the first time on review.

Careful analysis also helps prevent box-checking.

Identifying five specific legal issues is far better than submitting twenty pages trying to re-litigate every issue you lost in trial court._reviews are not judged by their length. They are judged by their legal merit.

What Documents Should a Client Share With an NCDRC Review Lawyer?

The above document requirement is subject to facts of the case. However, the broad requirement would be for the Advocate to have enough documents to get acquainted not just with the order but also with the proceeding from where the order has been passed.

Some of the documents that can help are:

You don’t have to stress about which document would support your ground for review, we shall help you figure that out.

Does Filing a Review Petition Automatically Stop the NCDRC Order?

Clients would be mistaken if they think that. Filing of review petition and staying the consequences of the underlying order are two different matters. An order of the NCDRC may direct payment/ refund/ compensation/ interest/possession/compliance or some other relief.

If you require urgent relief from the operation of an order, then tell your lawyer NOW rather than later assuming that the mere filing of a review petition magically stays everything. If interim relief is available as a matter of law, then the need to file a proper application and the facts that need to be brought forward are issues to be analyzed separately.

At NCDRC Lawyers we have a separate Practice Area devoted to Interim Relief & Stay Applications. No responsible attorney will promise you that your review petition will automatically get a stay.

When Should You Contact Advocate BK Singh?

It is prudent to seek advice shortly after you receive your NCDRC order if you believe that the order contains a plain mistake, fails to include an important aspect of the existing record or dictates results that should be reconsidered by counsel prior to taking action.

This also applies where you are uncertain whether the issue should be reviewed or whether some other remedy is available.

BK Singh will advise you where and when to meet with counsel.

Otherwise, it is prudent to seek advice where: Your NCDRC order is recent;

• the 30 days time for review has not expired;
• substantial money is involved;
• immediate action to enforce or appeal the order will probably be necessary; and
• the matter concerns real estate, insurance, medical malpractice, banking or substantial commercial interests.

If your business will need to act to appeal or comply with the order, consult with counsel promptly.

Often more than one attorney has told you that you have several remedies. Advocate BK Singh will advise you which remedy is appropriate.

Advocate BK Singh can review your order without turning the consultation into a generalized discussion of consumer rights.

We will concentrate on your NCDRC order, the existing record and the remedy you wish to pursue.

Why Hire NCDRC Lawyers for an NCDRC Review Matter?

Drafting of review petitions before NCDRC is a niche area which requires specialization skills and expertise more than that of ordinary legal drafting. An advocate practicing in this field is required to be well versed with Consumer jurisdictional issues, aware of the nature of proceeding from where order is challenged, be sensitive to the limited scope of Review and be able to visualize the practical impact if another remedy is adopted.

NCDRC Lawyers provides NCDRC dedicated assistance for matters pertaining to National Consumer Disputes Redressal Commission. The assistance provided comprises but not limited to reading of impugned order, going through the earlier record, identifying the legal issue involved, performing the ritualistic exercise, drafting appropriate pleadings if at all maintainable in law and filing and pursuing the matter before the Commission. .

Do not worry if your client does not come to our office ready with the section and legal terminology.

The homebuyer can come and say, “Sab kuch Commission main gadbad hain (Everything is wrong with the order passed by the Commission).”

“The Company can say, “Factual position is not recorded correctly as per the documents.”

“The Insurer can say, “We want to know whether we can file a Review and the time is running out.”

These brief statements are enough to start your legal consultation. Advocate BK Singh will evaluate the facts and guide you as to whether filing of Review Petition is a viable option.

Why Choose Advocate BK Singh for NCDRC Review Petition Representation?

Order analysis allows a matter to get disciplined legal consideration. The best service lawyers can offer is not telling a client they can appeal every unfavorable order. Firstly analyzing whether jurisdiction to review the order is available statutorily. BK Singh advocates legal representation in consumer court cases after a thorough order analysis is done. Our services include order analysis, drafting, process transparency and ethical counseling.

Consumers and businesses find themselves at any stage of the process while seeking legal assistance. Some come after they have received the order and talked to counsel. Some have even drafted grounds and want a second opinion from another lawyer. Many businesses want a quick order review before the management even decides whether to pursue any legal process further, based on commercial viability.

NCDRC Lawyers represent consumers and companies all across India. We have served clients from Delhi NCR, Uttar Pradesh, Rajasthan, Haryana, Maharashtra, Karnataka, Telangana, Tamil Nadu, West Bengal, Gujarat and more. We can't guarantee you a good result. What we can promise is a professional analysis.

Frequently Asked Questions