Section 103 CPA: Power of National Commission to make regulations

Section 103 of Consumer Protection Act: Power of National Commission to make regulations

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The National Commission may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may make provisions for-

(a) the costs for adjournment to be imposed by the District Commission under the second proviso to sub-section (7) of section 38;

(b) the costs for adjournment to be imposed by the State Commission or the National Commission, as the case may be, under the second proviso to section 52;

(d) the manner of submission of quarterly report by consumer mediation cell to the District Commission, the State Commission or the National Commission under sub-section (5) of section 74;

(e) the qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of training empanelled mediators, the fee payable to empanelled mediator, the terms and conditions for empanelment, the code of conduct for empanelled mediators, the grounds on which, and the manner in which, empanelled mediators shall be removed or empanelment shall be cancelled and the other matters relating thereto under sub-section (2) of section 75;

(f) the conditions for re-empanelment of mediators for another term under sub-section (3) of section 75;

(g) the other facts to be disclosed by mediators under clause (c) of section 77;

(h) the time within which, and the manner in which, mediation may be conducted under sub-section (3) of section 79; and

(i) such other matter for which provision is to be, or may be, made by regulation.

Legal Commentary & Landmark Judgments: Section 103

Section 103 empowers the National Commission, with the previous approval of the Central Government, to make procedural regulations consistent with the Act and rules to govern proceedings across consumer commissions.

Procedural Regulation-Making Power: Vests the NCDRC with authority to frame regulations governing internal procedures, sitting of benches, cause list notifications, and hearing protocols.
Requirement of Prior Executive Approval: Mandates that all regulations framed by the National Commission must receive the previous approval of the Central Government before gazette notification.
National Procedural Uniformity: Ensures uniform procedural standards across all three tiers, regulating certified copy issuance, defect rectifications, and mediation administration.

Key Landmark Precedents:

State of Karnataka v. Vishwabharathi House Building Coop Society (2003) 2 SCC 412: The Supreme Court recognized that statutory regulations framed by the National Commission streamline dispute resolution procedures and ensure uniformity across consumer forums nationwide.
K.P. Manu v. Chairman, Scrutiny Committee (2015) 4 SCC 1: The Supreme Court held that statutory regulations must operate within the four corners of the parent Act and substantive rules, functioning in aid of the statutory objectives.

Courtroom Practice & Strategic Litigation Guidance:

In day-to-day practice before District, State, and National Commissions, consult the Consumer Protection (Consumer Commission Procedure) Regulations framed under Section 103. These regulations govern filing affidavits, serving summons, inspecting records, and obtaining certified copies.

Section 103: Power of National Commission to make regulations

Section 103 of Consumer Protection Act: Power of National Commission to make regulations

Legal Commentary & Landmark Judgments: Section 103