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 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 "Can I file a review petition against a National Commission order?" turns on Consumer Protection Act 2019, Section 60, Consumer Protection Act 2019, Section 67 and Code of Civil Procedure 1908, Order XLVII Rule 1. The points below set out the position and then what to do about it, in the order it should be done.

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 this means for you: 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.

Where the facts are disputed, what usually decides a review petition national commission matter is the paper trail — dated complaints, acknowledgments and written replies under Consumer Protection Act 2019, Section 60. 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.