Consumer Protection Law: Revisional Jurisdiction of the National Commission

Section 21(b) of the Consumer Protection Act, 1986, lays down the revisional jurisdiction of the National Commission. The National Commission can exercise its power under revisional jurisdiction to settle consumer disputes where a State Commission has:

• exercised a jurisdiction, which the State Commission is not authorized to.
• failed to exercise a jurisdiction which the State Commission is empowered to.
• exercised a jurisdiction unlawfully or with material irregularity.

Consumer Protection Law:Revisional Jurisdiction Applicable on Fault or Material Irregularity of State Commission

The National Commission acts to exercise its authority for revisional jurisdiction only under the above circumstances. The National Commission should not intervene if there is no fault or material irregularity on the part of the State Commission while exercising jurisdiction.

Further, the National Commission is authorized to exercise its revisional jurisdiction in any consumer disputes pending for settlement or that has been decided by any State Commission. It is also empowered to ask for previous records related to the case and pass appropriate orders.

Consumer Protection Law: A Case Study on Revisional Jurisdiction

In R.M. Metals Pvt. Ltd. v The New India Assurance Co. Ltd., (1992) II CPR 425 (NCDRC), the National Commission set aside the order of the State Commission. It discarded the complaint registered by the complainant.

The National Commission held that the State commission has not considered the criminal misconduct enacted by the appellant. It also observed that the complainant has misused the provisions under the Consumer Protection Act, 1986, and filed the complaint based on false and made-up evidence. It held that, this act of the appellant is wrong and must be discouraged and no person should wrongly use the remedies available under the Act. Also, it was held that no one shall file a false complaint based on fake evidence.