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Section 61: Power to set aside ex parte orders

Consumer Protection Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 2019
Section 60 All 107 Sections of Consumer Protection Act Section 62

Legal Commentary & Landmark Judgments: Section 61

Section 61 empowers the National Commission to set aside ex parte orders passed against an opposite party, upon satisfactory demonstration of sufficient cause for non-appearance, ensuring procedural fairness and natural justice.

  • Curative Remedy Against Ex Parte Determinations: Provides a direct statutory mechanism for an opposite party proceeded against ex parte to apply for recall and setting aside of the adverse order.
  • Demonstration of Sufficient Cause: Requires the applicant to establish genuine, bona fide circumstances demonstrating 'sufficient cause' for non-appearance when the matter was called for hearing.
  • Discretionary Imposition of Terms and Costs: Empowers the Commission to impose reasonable terms and compensatory costs on the defaulting party to compensate the complainant for delay and inconvenience.
Key Landmark Precedents:
  • Associated Packers v. Canara Bank (2008) 12 SCC 374: The Supreme Court held that procedural default should not result in the forfeiture of substantive defense rights where non-appearance was caused by bona fide, verifiable administrative or personal hindrances without deliberate contumacy.
  • Jyotsana Arvind Kumar Shah v. Bombay Hospital Trust (1999) 4 SCC 325: The Supreme Court emphasized that consumer commissions must record definitive satisfaction regarding service of summons before proceeding ex parte, and orders passed without adequate notice are liable to be recalled.
Courtroom Practice & Strategic Litigation Guidance:

File the Section 61 application promptly upon learning of the ex parte proceeding or order. Accompany the application with a detailed affidavit of the conducting counsel or authorized officer, medical or travel records establishing impossibility of appearance, and a willingness to pay reasonable costs.

Section 60 All 107 Sections of Consumer Protection Act Section 62