How can I get an ex-parte order set aside in a consumer case?

Question

An order was passed against me by the consumer commission without my presence because I missed the hearing. I want to know how to get it set aside. I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "How can I get an ex-parte order set aside in a consumer case?" turns on Consumer Protection Act 2019, Section 38(9), Consumer Protection (Consumer Commission Procedure) Regulations 2020, Regulation 13 and Code of Civil Procedure 1908, Order IX Rule 13. The points below set out the position and then what to do about it, in the order it should be done.

Section 38(9) of the Consumer Protection Act 2019 empowers the commission to review its own order in specified circumstances, including where a party was prevented by sufficient cause from appearing.

Regulation 13 of the Consumer Protection (Consumer Commission Procedure) Regulations 2020 governs procedure for hearings and allows an application to recall an ex-parte order on showing sufficient cause for absence.

Principles under Order IX Rule 13 of the Code of Civil Procedure 1908 are applied analogously by consumer commissions while deciding applications to set aside ex-parte orders.

You must demonstrate a genuine and sufficient reason for your absence, such as non-receipt of notice or a medical emergency, supported by documentary proof.

An application to set aside must be filed promptly, since unexplained delay can lead to dismissal even where the reason for absence is otherwise plausible.

What to do next: 1) File an application to set aside the ex-parte order stating the sufficient cause for absence; 2) Attach documentary proof supporting the reason, such as medical records or postal tracking showing non-service; 3) Pay any cost the commission may impose as a condition for setting aside the order; 4) Attend all subsequent hearings diligently once the order is recalled.

If you are unsure whether your facts fall inside Consumer Protection Act 2019, Section 38(9), that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in consumer law.