How to file review application in Consumer Courts
In this article, we discuss the process of filing the review application before the Consumer Commission. This article covers all the levels of consumer court, including the District Consumer Dispute Redressal Commission (DCDRC), State Consumer Dispute Redressal Commission, and National Consumer Dispute Redressal Commission. And also it explains the relevant legal provision, valid grounds for filing the review application, the filing procedures and important points to keep in mind while filing the review application. This article will help you understand how to file the review application in your case. It also provides a PDF format of the review application so that every consumer can easily use it.
when the case of the consumer gets dismissed.
The case of the consumer getting dismissed does not always mean that the justice has been denied permanently. The case is dismissed due to the technical error, oversight of the facts, and minor legal mistakes. In such a situation the consumer law provides the remedy called a ‘review application’, and this remedy is available at the 3 levels of consumer courts. District Commission, State Commission and National Consumer. The review application allows the same consumer commission to correct its own mistake and ensure that the final order/judgement is legally sound and fair to all the parties involved.
What is the Review Application?
The review application is the formal request made to the consumer commission that passed the original order/judgement, asking it to re-examine the order for clear and visible mistakes. This remedy exists to correct the errors that are apparent on the face of the records. such as incorrect facts, clerical mistakes and wrong application of law, etc.
It is important to understand that the review is not meant to reopen the entire case. The Consumer Commission does not hear the fresh argument or reassess the evidence in detail. The purpose is limited to correcting the errors that could affect the justice. This mechanism ensures accuracy in the judicial orders while maintaining the finality of the decisions.
Legal Provision for the Review Applications.
The power to review the order is specifically provided under the Consumer Protection Act 2019 and ensures transparency and accountability in the consumer adjudication. The law clearly defined which commission can review which order and within what time frame
Review by the District Commission under Section 40
The District Consumer Dispute Redressal Commission has the authority to review its own order/judgement under section 40 of the Consumer Protection Act, 2019. This power can be exercised either on its own motion or on application by the aggrieved party.
The review must be filed within the 30 days from the date the certified copy of the order/judgment is received. The District Commission can correct the factual errors, clerical mistakes, or legal oversights that are clearly visible. This provision ensures that minor errors at the district level do not force parties to immediately approach the higher commission.
Review by the State Commission under Section 50
The State Consumer Dispute Redressal Commission (SCDRC), under section 50 of the Consumer Protection Act, 2019. If an order/judgment passed by the State commission contains an apparent error or omission, the affected/aggrieved party may request a review before the same commission.
The State Commission generally exercises this power cautiously and only in cases where the error is clear in the order/judgment and undeniable. This provision acts as an internal corrective mechanism to help reduce unnecessary appeals to the National Commission.
Review by the National Commission under Section 60
The National Consumer Dispute Redressal Commission to review its own order/judgement under section 60 of the Consumer Protection Act, 2019. Since the National Commission (NCDRC) is the highest consumer commission/forum in India, review applications are scrutinised very strictly.
Who can file the review application?
Any parties can file the review application who is directly affected by the order/judgement passed by the commission. This includes complainants whose cases were dismissed, opposite parties who are prejudiced by the order/judgement and appellants whose appeals were rejected.
However, the parties/applicant must clearly show how the order/judgement contains a visible mistake. The law does not permit reviews merely because the party feels dissatisfied or believes the decision is unfair. The parties must demonstrate that the genuine errors exist that require correction by the same commission.
Important Grounds for fling the review application
The grounds for the review application are limited and specific. The Commission has consistently held that the review jurisdiction must be exercised sparingly and only in the deserving cases.
Valid ground for Review Application
The Review can be filed where there is
- an obvious error in the facts or law.
- mistake in the order/judgement which is affecting the rights of the parties.
- clerical or typographical errors in the orders/judgement.
Invalid Ground for the Review Application
The review is not allowed. if
- Re-arguing the case on the same issue/facts
- Challenging the findings of the case is already decided.
- expressing dissatisfaction with the order/judgement.
Note:- Understanding these grounds is essential to avoid the rejection of the review application at the initial stage.
How to file the Review Application
Filing the review application requires careful preparation and adherence to the procedures. Any procedural lapse results in dismissal of the review application.
The applicant/parties firstly obtain the certified copy of the order/judgement. Then draft a proper review application and mention the error and how it affects the case. The applicant/parties should attach all the supporting documents, like the affidavit and any other documents/annexures which are not considered in the original case, and proof of service to the other parties and file them before the same commission that passed the original order/judgement and the review application file through the online portal e-jagriti.gov.in with physical in the registry of the commission.
Document required for the Review Application
- Proper Index
- Urgent Application
- Memo of parties (if Required)
- Review application along with the affidavit.
- Certified copy of the order/Judgment
- Any documents/annexures which are required for consideration. (Avoid unnecessary documents.)
- Advance Proof of service
How to file a review application online in the e-Jagriti Portal: step-by-step explanation/guide Click Here
Review Proceeding
The review proceedings are generally summary in nature. In most cases, the consumer commission decided the review application based on the written submission and documents.
The oral hearings are granted only if the consumer commission feels clarification is necessary. The same members who passed the original order/judgement usually hear the review. The scope remains limited and the consumer commission cannot convert review proceedings into a full trial or appeal hearing.
Time Limit for Filing the Review Application.
The review application before the Consumer Commission must be filed within 30 days from the date of receiving the certified copy of the order/judgement.
If there is a delay in filing, the applicant must file a condonation of delay application and, in the application, explain the reasons. Acceptance of delay depends entirely on the consumer commission’s discretion. Therefore, timely filing of the review application is strongly recommended to avoid procedural complications.
Important sections and rules for the review application.
- Section 40 of the Consumer Protection Act 2019 (Review power of District Consumer Dispute Redressal Commission (DCDRC)
- Section 50 of the Consumer Protection Act, 2019 (Review power of the state consumer Dispute Redressal commission (SCDRC)
- Section 60 of the Consumer Protection Act, 2019 (Review power of the National Consumer Dispute Redressal Commission (NCDRC)
FORMAT OF REVIEW APPLICATION: CLICK HERE
Importance of Review Application
The review application plays a crucial role in correcting mistakes without forcing applicants/parties to approach the higher courts immediately. It saves time, money and judicial resources.
The Consumer Commission correct their own errors; the law promotes fairness and efficiency. When used responsibly, the review mechanism strengthens the trust in the consumer justice system and ensures that the technical errors do not defeat the substantive justice.
Conclusion of the above facts of the review application.
The review application is the valuable legal remedy under the consumer law. It helps the parties and court to correct the genuine error, protect the right of the parties, and maintain the balance between justice and finality of decisions and it must be used carefully within the prescribed time and only on valid ground.
The review application was properly drafted and filed. The review application can effectively rectify mistakes and prevent unnecessary appeals. If the review is rejected, the remedies are like an appeal before the higher court. like from district to state commission, from state to National Commission, and from national to jurisdictional High Court.
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Disclaimer
The content is for general legal awareness only and does not constitute legal advice. Law may change. The reader should consult with a qualified professional advocate/lawyer before taking any legal action.