Section 61 of CPA : Section 61: Power To Set Aside Ex Parte Orders

Explanation using Example

Imagine that Mr. Sharma purchased a refrigerator from a well-known electronics brand. However, after a few weeks, the refrigerator stopped working. Mr. Sharma filed a complaint with the National Consumer Disputes Redressal Commission (National Commission) against the manufacturer for selling a defective product. The National Commission scheduled a hearing date, but due to some confusion, the notice of the hearing didn't reach the manufacturer. The hearing proceeded without the manufacturer's presence, and the National Commission passed an order favoring Mr. Sharma.

Upon learning about the order, the manufacturer realized that they were not present to represent their side of the story. Under Section 61 of the Consumer Protection Act, 2019, the manufacturer has the right to apply to the National Commission for setting aside the ex parte order. They would file an application explaining the reason for their absence and request a new hearing to present their case.