Delhi High Court to examine whether single member of NCDRC can pass judgment in consumer cases

The Delhi High Court recently issued notice on a plea questioning whether a single member of the National Consumer Disputes Redressal Commission (NCDRC) can pass judgments in consumer cases when the rules indicate that at least two members should decide on cases [NBCC India Ltd v Randhir Singh Redhu & Ors]..Justice Subramonium Prasad issued notice, while clarifying that the Court is only examining the limited question concerning the jurisdiction of the NCDRC in terms of the composition of benches. ."Normally this Court does not entertain writ petitions when alternate remedy is available to the petitioners but the issue in the present case is as to whether a member sitting singly can pass a judgment when the rules specifically provide that the composition of the Bench must be minimum two. Moreover, this issue has already attained finality in the proceedings which emanated from Rajasthan," he observed..The petitioner, a managing consultant company, NBCC India Ltd, moved the Court challenging an order dated February 23 passed by the NCDRC.The petitioner informed the High Court that the order was passed by the presiding member of the NCDRC and contended that the presiding member lacked the jurisdiction to pass such orders while sitting as a single-member..The petitioner's counsel argued that Section 58(2)(3) of the Consumer Protection Act, 2019 specifies that the jurisdiction, powers, and authority of the NCDRC can only be exercised by a bench constituted by the President, comprising one or more members as deemed appropriate..The counsel further highlighted that Section 2 (27) of the Act defined "member" as including the President and a member of the National Commission or a State Commission or a District Commission, as the case may be. Hence, he contended that the consumer complaint could have been entertained only by a bench comprising of at least two members..The counsel also relied on the Supreme Court judgment in State of Rajasthan & Ors v Kamal Travel Kokks International & Ors, wherein the top court ruled had that the bench or benches of the National Commission should consist of at least two members. The Rajasthan High Court had also passed a similar ruling, Justice Prasad was told. .The Court proceeded to issue notice in the matter after noting that the petitioner was able to make out a prima facie case. .The Court will hear the matter next on November 2..The petitioner was represented by Senior Advocate Sukumar Pattjoshi along with advocates Vipul Ganda, Abhipsa Mohanty, Priyanka Jindal, and Ram Krishna Rao.Advocates Nitish Banka, Shubham Kumar, Sanchit Seth, and Nikhil Sehrawat represented respondents..[Read Order]