Single Benches In NCDRC: Delhi High Court Issues Notice To Examine NCDRC's Jurisdiction And Bench Constitution

In the present Writ Petition, NBCC India highlighted to the High Court the provisions of Section 58(2)(3) of the Consumer Protection Act, 2019 and argued that the jurisdiction, powers, and authority of the National Commission can only be exercised by a Bench formed by the President, which may consist of one or more members as deemed appropriate. Furthermore, NBCC India pointed out Section 2(27) of the Consumer Protection Act, 2019, which defines a member of the NCDRC as including the President and other members of the National Commission, State Commission, or District Commission, depending on the case.

Based on these provisions, the Petitioner contended that the complaint should have been considered only by a Bench comprising of two members. It also placed reliance on the case of Divisional Manager NIC Ltd. Jodhpur v. Rajasthan State Cons. Disp. Red. Commi.& Ors., where the Rajasthan High Court ruled that a Bench or Benches of the State Commission must be constituted by at least two members of the Commission and pointed that the said judgment was subsequently upheld by the Division Bench of the High Court of Rajasthan and also by the Supreme Court.

Additionally, it brought the attention of the High Court to a judgment passed by the Apex Court in State of Rajasthan & Ors Vs. Kamal Travel Kokks International & Ors, wherein the Supreme Court held that Bench or Benches of the National Commission must be constituted by at least two members of the Commission, with one of them potentially being the President.

The bench of Justice Subramonium Prasad issued a notice and listed the matter next on November 2, 2023. The Bench clarified that its examination is focused solely on the specific question concerning the jurisdiction of the NCDRC concerning the constitution of benches.

‘Normally this Court does not entertain writ petitions when alternate remedy is available to the petitioners but the issue in the present case is as to whether a member sitting singly can pass a judgment when the rules specifically provide that the composition of the Bench must be minimum two. Moreover, this issue has already attained finality in the proceedings which emanated from Rajasthan.’

The High Court granted a stay on the NCDRC order until the next hearing and issued a notice since the Petitioner was able to present a prima facie case before the Court.

Case Title: NBCC India Limited vs. Randhir Singh Redhu and Ors.

Case No.: Writ Petition (C) 7912/2023 & CM APPLs. 30541-42/2023

Counsel for Petitioner: Senior Advocate Sukumar Pattjoshi, Advocate Vipul Ganda, Advocate Abhipsa Mohanty, Advocate Priyanka Jindal, and Advocate Ram Krishna Rao.

Counsel for Respondent: Advocate Nitish Banka, Advocate Shubham Kumar, Advocate Sanchit Seth, and Advocate Nikhil Sehrawat

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