Can I get interim relief while my consumer case is pending?

Question

My consumer case will take time to decide, but I need urgent relief right now such as stopping recovery action. I want to know if the commission can grant interim orders. What I am unsure about is the procedure — where the application goes, what it costs, and how long interim relief consumer case matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to interim relief consumer case here is Consumer Protection Act 2019, Section 38(11), Consumer Protection Act 2019, Section 13 and Code of Civil Procedure 1908, Order XXXIX. The detail below matters, because Consumer Protection Act 2019, Section 38(11) draws the line differently depending on what your documents show.

Section 38(11) of the Consumer Protection Act 2019 empowers the district commission to pass such interim orders as it deems necessary in the interest of justice while the complaint is pending.

Section 13 of the Consumer Protection Act 2019 confers powers on the commission similar to a civil court, including the power to grant injunctions to prevent irreparable harm during the pendency of proceedings.

Principles of interim injunction under Order XXXIX of the Code of Civil Procedure 1908, namely prima facie case, balance of convenience and irreparable injury, are applied by the commission while deciding such applications.

You can seek interim relief such as staying disconnection of a service, halting recovery of disputed dues, or restraining sale of a disputed product until the final decision.

The application for interim relief should be supported by an affidavit showing urgency and the harm you would suffer if the relief is not granted immediately.

In practice, in this order: 1) File an interlocutory application along with the main complaint or during its pendency; 2) Support the application with an affidavit establishing urgency and irreparable harm; 3) Serve a copy of the application on the opposite party as directed by the commission; 4) Attend the hearing to argue the balance of convenience in your favour.

Timing matters here: Consumer Protection Act 2019, Section 38(11) works on limitation periods, so a interim relief consumer case claim that is right on the merits can still fail if it is brought late. 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.