Can I file a review petition against a National Commission order?

Question

I believe the National Commission's order in my case has an error apparent on record. I want to know if I can seek a review instead of an appeal. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Can I file a review petition against a National Commission order? is governed in India primarily by Consumer Protection Act 2019, Section 60, Consumer Protection Act 2019, Section 67 and Code of Civil Procedure 1908, Order XLVII Rule 1. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 60 of the Consumer Protection Act 2019 grants the National Commission power to review any of its own orders where there is an error apparent on the face of the record, either on application or on its own motion.

A review is distinct from an appeal under Section 67, which lies to the Supreme Court against a National Commission order and requires a different, more limited scope of interference.

The scope of review is guided by the principles under Order XLVII Rule 1 of the Code of Civil Procedure 1908, meaning a review cannot be used to reargue the whole case but only to correct a manifest error.

A review petition must be filed within thirty days of the order, though the commission can condone delay for sufficient cause shown.

If your grievance is about the correctness of the decision on merits rather than an apparent error, an appeal to the Supreme Court under Section 67 is the appropriate remedy instead of a review.

What to do next: 1) Identify the specific error apparent on the face of the record in the order; 2) Draft and file the review petition within thirty days along with the required fee; 3) Attach the impugned order and highlight the alleged error clearly; 4) File an appeal to the Supreme Court under Section 67 if review is not the appropriate remedy.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Consumer Protection Act 2019, Section 60 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. 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 this practice area.