Section 66 CPA: Experts to assist National Commission or State Commission

Section 66 of Consumer Protection Act: Experts to assist National Commission or State Commission

Official Bare Act Text

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

Where the National Commission or the State Commission, as the case may be, on an application by a complainant or otherwise, is of the opinion that it involves the larger interest of consumers, it may direct any individual or organisation or expert to assist the National Commission or the State Commission, as the case may be.

Legal Commentary & Landmark Judgments: Section 66

Section 66 empowers the National Commission and State Commissions to engage independent experts and specialized organizations to assist in complex scientific, technical, engineering, or financial inquiries.

Technical Expert Engagement: Empowers the Commission to direct any individual, technical body, or specialized organization possessing domain knowledge to investigate and advise on complex factual issues.
Court-Appointed Independent Assistance: The expert acts as an independent officer of the forum, examining manufacturing defects, medical negligence, structural integrity, or algorithmic pricing.
Evidentiary Weight and Party Scrutiny: The expert report forms part of the judicial record; parties must be provided copies and granted full opportunity to submit written objections or cross-examine via interrogatories.

Key Landmark Precedents:

Jacob Mathew v. State of Punjab (2005) 6 SCC 1: A 3-Judge Bench held that in medical negligence claims, independent medical opinion from competent professionals is vital before attributing professional carelessness or gross deficiency in service.
V. Kishan Rao v. Nikhil Super Speciality Hospital (2010) 5 SCC 513: The Supreme Court held that expert opinion is not mandatory in every medical negligence dispute where res ipsa loquitur applies, but where complex scientific questions arise, reference to expert bodies under statutory powers is indispensable.

Courtroom Practice & Strategic Litigation Guidance:

In claims involving complex defects in machinery, automobiles, electronics, or medical protocols, move an application under Section 66 praying for referral to a government-recognized laboratory or statutory board. Prepare targeted technical interrogatories to challenge any adverse expert conclusions.

Section 66: Experts to assist National Commission or State Commission

Section 66 of Consumer Protection Act: Experts to assist National Commission or State Commission

Legal Commentary & Landmark Judgments: Section 66