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Chapter IV - Consumer Disputes Redressal Commission

Section 63

Section 63: Vacancy in office of President of National Commission

Section 63 specifies who performs the National Commission President’s duties when that office is vacant or the President cannot act.

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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.

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Statutory text

Bare law

When the office of President of the National Commission is vacant or a person occupying such office is, by reason of absence or otherwise, unable to perform the duties of his office, these shall be performed by the senior-most member of the National Commission:

Provided that where a retired Judge of a High Court or a person who has been a Judicial Member is a member of the National Commission, such member or where the number of such members is more than one, the senior-most person amongst such members, shall preside over the National Commission in the absence of President of that Commission.

Introduction

For a matter affected by temporary leadership, check the current composition and the statutory seniority and judicial-member proviso before asserting an authority defect.

Key takeaways

1

What the section does

Section 63 specifies who performs the National Commission President’s duties when that office is vacant or the President cannot act.

2

Operational response

For a matter affected by temporary leadership, check the current composition and the statutory seniority and judicial-member proviso before asserting an authority defect.

3

Important boundary

The first rule names the senior-most member; the proviso gives priority to a retired High Court Judge or former Judicial Member who is a member, with seniority among them.

When the provision matters

Section 63 specifies who performs the National Commission President’s duties when that office is vacant or the President cannot act.

The first rule names the senior-most member; the proviso gives priority to a retired High Court Judge or former Judicial Member who is a member, with seniority among them.

Practical response

For a matter affected by temporary leadership, check the current composition and the statutory seniority and judicial-member proviso before asserting an authority defect.

Decision points and records

Verify both ordinary seniority and whether a member qualifies under the judicial-member proviso.

Do not disregard the proviso when checking who presides during the President’s absence.

Example

A case is listed while the President is absent. The registry identifies the member presiding under section 63 instead of suspending all Commission business.

Official sources

Practical checklist

Do

  • Check official composition and appointment records if leadership is material.
  • Verify both ordinary seniority and whether a member qualifies under the judicial-member proviso.

Avoid

  • Do not assume every vacancy halts National Commission proceedings.
  • Do not disregard the proviso when checking who presides during the President’s absence.

Illustrative example

Section 63 in practice

A case is listed while the President is absent. The registry identifies the member presiding under section 63 instead of suspending all Commission business.

  1. Identify the statutory trigger

    Section 63 specifies who performs the National Commission President’s duties when that office is vacant or the President cannot act.

  2. Preserve the key record

    Verify both ordinary seniority and whether a member qualifies under the judicial-member proviso.

  3. Apply the limit

    The first rule names the senior-most member; the proviso gives priority to a retired High Court Judge or former Judicial Member who is a member, with seniority among them.

Outcome

  • For a matter affected by temporary leadership, check the current composition and the statutory seniority and judicial-member proviso before asserting an authority defect.

Glossary

National Commission
The national consumer dispute redressal forum under Chapter IV of the Act.
Senior-most qualifying member
The member selected by seniority subject to the proviso favouring a retired High Court Judge or former Judicial Member.

Frequently asked questions

Who presides when the President is absent?

The senior-most member performs the duties, subject to the proviso for a qualifying retired High Court Judge or former Judicial Member.

Does the provision cover only a permanent vacancy?

No. It also applies when the President is unable to perform duties because of absence or otherwise.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026