What Grounds Can Be Raised in an NCDRC Revision Petition?
An example of this can be when State Consumer Commission has passed an order which it had no jurisdiction to pass. Or perhaps overlooked a jurisdictional issue or committed a material irregularity in the process. At this point the question arises can I file a revision petition before NCDRC?
Well that would depend on what order has been passed and what mistake has been committed. Revision petition before National Commission is not meant to try the dispute again. NCDRC is only empowered to exercise revisional jurisdiction if the State Commission:
So if you are a consumer in Delhi, Noida, Ghaziabad, Gurugram, Lucknow, Mumbai, Bengaluru or anywhere else in India you can file a revision petition only if the above conditions are met. At BK Singh Advocate we receive many such queries regarding consumer litigation.
Since you are trying to question the jurisdiction of the forum which has decided the matter (State Commission here) the petition should be framed accordingly. You should not repeat the facts as they have been stated in the complaint but mention the defect in the order.
At BK Singh Advocate we would study the order passed by the State Commission and records available on District Commission website. Pleadings and evidence (if any) to see if your proposed remedy falls under the revisional jurisdiction of NCDRC.
Why should I file a revision petition before NCDRC?
The difference between Appeal and Revision becomes important for both consumers and service providers. An appeal has a broader scope than revision. Since it is provided by statute to challenge an order.
Section 58(1)(b) provides that if the above conditions are met NCDRC can call for the records of the case from the State Commission and decide upon it. NCDRC even mentions these conditions in their direction for filing revision petition.
So a mere disagreement with how the State Commission arrived at its conclusion is not sufficient. You would have to mention the error of jurisdiction or material irregularity which attracts Section 58(1)(b).
This becomes relevant when you have filed a consumer dispute in Delhi NCR against builders, insurance companies, banks, hospitals, schools, colleges, developers or any other service provider. Our lawyers at NCDRC help our clients figure out the remedy before they waste time and money on a legal filing.
Some Points To Remember When Filing Revision Petition Before NCDRC
Section 58(1)(b) Consumer Protection Act 2019 provides for revision petition before NCDRC.
NCDRC can exercise revisional jurisdiction only if the above conditions are met.
You can file a revision petition if there is an error of jurisdiction or material irregularity in the order.
It is not a second chance to argue your case de novo.
You have 90 days to file a revision petition from the date of receiving a free copy of the order from the State Commission.
Delay would be a different point of argument which may require a condonation of delay application.
It would depend on the type of order if you can file a revision petition against it or not.
So always check if the order you want to file a revision against is maintainable before you draft your petition. As said by BK Singh Advocate always verify if the proposed remedy is correct before starting with legal action.
Grounds For Filing A Revision Petition Before NCDRC
As discussed above there are generally 3 grounds on which you can file a revision petition.
Error of Jurisdiction By State Commission
If you think the State Commission has exercised a jurisdiction which is not available to it then you can file a revision.
There should be some merit to your claim that the order is beyond the jurisdiction of the State Commission. You can't just say that the commission found in your disfavor is beyond its jurisdiction. Mention the jurisdiction which has been exercised and how does it affect the order which you are challenging.
Our lawyers at NCDRC will look through the order and the proceedings to figure out if the case was tried beyond the jurisdiction of the State Commission.
State Commission Failed To Exercise Jurisdiction
If the State Commission was supposed to exercise a certain jurisdiction and did not then you can file a revision petition. Again what jurisdiction it should have exercised depends on what was pleaded and the orders passed by the commission.
In short you would have to establish that the mistake made by the commission was linked to a jurisdiction it should have considered.
Illegal Or Material Irregularity By State Commission
Similar to the above you can also file a revision if the State Commission has illegally exercised its jurisdiction or committed a material irregularity in its process.
Again you would have to frame this correctly. You cannot say that because the commission disagreed with you on a fact its order is subject to revision. You would have to mention what was done illegally by the commission and how that mistake is material to the outcome of your case.
If you are already involved in consumer litigation you may find this difficult to decide. So consult with BK Singh Advocate to see if your matter is fit for a revision petition.
Difference Between Filing Appeal And Revision Before NCDRC
The difference between the two is important while determining which remedy to choose.
| Appeal | Revision |
|---|---|
| Challenge an order under statutory provision | Used when State Commission has committed an error of jurisdiction. |
| Will depend on what the statute allows you to challenge. | Error of jurisdiction or material irregularity |
| Can be filed if your order is appealable under a certain provision. | Only if conditions mentioned in Section 58(1)(b) are met. |
These are general categories you can follow to understand which remedy to choose. Always consult with our lawyers if you are unsure if your order is appealable or subject to revision.
Consult With Us If You Want To File A Revision Petition Before NCDRC
If you think your order passed by the State Commission is subject to a jurisdictional issue or you may end up filing the wrong remedy. Or if you have a concern about the limitation period.
Or if you are facing any other issue with a builder, insurance company, bank, hospital or any other service provider feel free to contact us.
If you reside in Delhi NCR or nearby areas we can help you with your consumer issue. Our NCDRC Lawyers will help you understand your situation and if you can file a revision petition.
How Can We Help?
We provide legal services to analyse your case and tell you if it falls under revisional jurisdiction of NCDRC. Our analysis will be based on the order passed by the State Commission. Records available on the portal and pleadings filed before both the commissions.
We can help you with filing your revision petition and represent you before the forum.
If your order was passed by the State Commission of Delhi or any other state we can help you with your consumer issue.
Of course we cannot promise you that your revision petition will be accepted. But we can tell you if your chances are good or not based on the records and law.
FAQ's
1. Is it possible to file revision against the order of State commission?
Yes. Section 58 of Consumer Protection Act, 2019 enables NCDRC to call for record of any proceeding before the State Commission and decide on the same.
2. What are the grounds for revision before NCDRC?
Section 58(1)(b) gives the primary ground that “the State Commission in exercise of its jurisdiction – (i) acted without jurisdiction vested in it by law, or (ii) failed to exercise jurisdiction so vested, or (iii) acted illegally or with material irregularity in the exercise of its jurisdiction”.
3. Revision is the same as filing an appeal before NCDRC, right?
No. Revision is a narrower supervisory remedy in contrast to a remedy by way of appeal. Appeal and revision have different statutory foundations and are not to be treated as alternative remedies.
4. Can I file revision as the order passed by State Commission is against me?
Not quite. Merely getting an order passed against you is not a ground itself to approach the NCDRC in revision. The prayer and proposed petition need to satisfy Section 58(1)(b).
5. What is the time limit for filing a revision before NCDRC?
As per filing instructions put out on NCDRC website, a period of 90 days is granted for filing revisions from the date of receiving free certified copy of order from State Commission. Any delay would require a separate application seeking condonation of delay.
6. Can revision be filed against every order passed by State Commission?
No. Maintainsability of revision would depend on the nature of order and the kind of jurisdiction State Commission exercised in passing that order. NCDRC Lawyers will let you know if revision is maintainable against a particular order passed by State Commission.
7. Can I file more than one revision against the same order before NCDRC?
Second revision petitions are not entertained as of right. In Garv Buildtech, the Delhi High Court allowed NCDRC decision which had earlier rejected a second revision petition against an order passed by State Commission while exercising its revisional jurisdiction.
8. What documents are required for filing a revision before NCDRC?
Documents usually required are the revision petition, supporting affidavit, order of State Commission, order of District Commission (if available), pleadings filed before the two Commissions and copies of documents/reports relied upon. Any additional applications such as application seeking stay of operation of order or application seeking condonation of delay would need to be filed as the situation warrants.
9. Can I ask for a stay of operation of an order in a revision petition?
Stay can be requested by filing an application along with revision petition only if the facts of the case allow you such relief upon an application. Also, the law should allow for such relief. Grant of stay is at the discretion of NCDRC and is not automatically granted in every case. You can also read about Interim Relief and Stay Applications for related legal services.
10. What happens if I file revision after the time limit?
Revision petition filed after the period of 90 days would need a separate application where you ask NCDRC to forgive the delay you have caused. Based on the facts that caused the delay and law governing limitation, your petition would get dismissed as you would have to attract limitation from the date on which you received copy of order from State Commission.
Final Thoughts
If you are thinking of filing a revision petition before NCDRC ask yourself one thing. What mistake did the State Commission commit that invokes Section 58(1)(b)?
You cannot use the revision remedy to argue your case again. It is meant to be used when the State Commission has exercised an error of jurisdiction or material irregularity. Recent decisions by NCDRC and the Delhi High Court have made it clear that you need to know what jurisdiction the State Commission has exercised before you choose a remedy.
