Chapter IV - Consumer Disputes Redressal Commission
Section 61
Section 61: Power to set aside ex parte orders
Section 61 gives an aggrieved party a route to ask the National Commission to set aside its ex parte order.
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This article is for general information. Refer to the Consumer Protection Act, 2019 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Where an order is passed by the National Commission ex parte, the aggrieved party may make an application to the Commission for setting aside such order.
Introduction
If an order was made without the party being heard, gather service records, the reason for absence and the order, then apply to the Commission for setting it aside.
Key takeaways
What the section does
Section 61 gives an aggrieved party a route to ask the National Commission to set aside its ex parte order.
Operational response
If an order was made without the party being heard, gather service records, the reason for absence and the order, then apply to the Commission for setting it aside.
Important boundary
The section creates an application route; it does not say an ex parte order disappears automatically or supply a statutory filing period in its own text.
When the provision matters
Section 61 gives an aggrieved party a route to ask the National Commission to set aside its ex parte order.
The section creates an application route; it does not say an ex parte order disappears automatically or supply a statutory filing period in its own text.
Practical response
If an order was made without the party being heard, gather service records, the reason for absence and the order, then apply to the Commission for setting it aside.
Decision points and records
Reconstruct the service and hearing timeline, with documents explaining the non-appearance.
Do not assume an application itself stays or vacates the existing order.
Example
A seller learns that the National Commission decided a case in its absence after notices went to an obsolete address. It produces address and service evidence with its application.
Official sources
Practical checklist
Do
- Preserve notice, delivery and absence evidence.
- Reconstruct the service and hearing timeline, with documents explaining the non-appearance.
Avoid
- Do not ignore an ex parte order while waiting for the other side to correct service.
- Do not assume an application itself stays or vacates the existing order.
Illustrative example
Section 61 in practice
A seller learns that the National Commission decided a case in its absence after notices went to an obsolete address. It produces address and service evidence with its application.
Identify the statutory trigger
Section 61 gives an aggrieved party a route to ask the National Commission to set aside its ex parte order.
Preserve the key record
Reconstruct the service and hearing timeline, with documents explaining the non-appearance.
Apply the limit
The section creates an application route; it does not say an ex parte order disappears automatically or supply a statutory filing period in its own text.
Outcome
- If an order was made without the party being heard, gather service records, the reason for absence and the order, then apply to the Commission for setting it aside.
Glossary
- National Commission
- The national consumer dispute redressal forum under Chapter IV of the Act.
- Ex parte order
- An order made when a party did not participate in the proceeding before the National Commission.
Frequently asked questions
Does an ex parte order automatically fall away?
No. The aggrieved party may apply to the National Commission to set it aside.
Where is the set-aside application made?
The aggrieved party applies to the National Commission that passed the ex parte order.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026