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Section 64: Vacancies or defects in appointment not to invalidate orders

Consumer Protection Act • Official Statutory Text & Practice Guide

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Act 2019
Section 63 All 107 Sections of Consumer Protection Act Section 65

Legal Commentary & Landmark Judgments: Section 64

Section 64 codifies the de facto doctrine in consumer adjudication, providing that no act or proceeding of a District, State, or National Commission shall be invalid merely by reason of any vacancy or defect in appointment.

  • Protection Against Collateral Attacks: Statutory bar precluding parties from challenging the validity of judgments, orders, or hearings merely on the ground that a vacancy existed in the Commission or a defect occurred in member appointment.
  • Codification of the De Facto Doctrine: Protects bona fide judicial actions taken by individuals functioning under color of authority from being invalidated due to technical or procedural recruitment flaws.
  • Distinction from Absence of Statutory Quorum: Protects against appointment flaws and vacancies, but does not validate orders passed in violation of mandatory statutory coram requirements (coram non judice).
Key Landmark Precedents:
  • Gokaraju Rangaraju v. State of A.P. (1981) 3 SCC 132: A 3-Judge Bench held that the acts of judges performed by them within the scope of their apparent authority are valid and binding as between third parties, and cannot be questioned collaterally on the ground of appointment defect.
  • Pushpa Devi v. New India Assurance Co. Ltd., 2014 SCC OnLine NCDRC 882: The National Commission held that proceedings conducted and orders delivered are not vitiated merely because one member post was temporarily vacant, provided the statutory minimum coram participated.
Courtroom Practice & Strategic Litigation Guidance:

Do not ground an appeal or review on technical flaws in the gazette notification or selection process of a commission member, as Section 64 bars such collateral attacks. However, verify whether the minimum statutory quorum (at least two members) signed the order; if not, challenge it as coram non judice.

Section 63 All 107 Sections of Consumer Protection Act Section 65