Chapter IV - Consumer Disputes Redressal Commission
Section 64
Section 64: Vacancies or defects in appointment not to invalidate orders
Section 64 protects Commission acts and proceedings from invalidity based only on a member vacancy or defect in constitution.
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Need advice on Section 64?
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
No act or proceeding of the District Commission, the State Commission or the National Commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.
Introduction
A party considering a composition objection should identify an actual legal consequence beyond the mere existence of a vacancy or defect and take advice on the specific record.
Key takeaways
What the section does
Section 64 protects Commission acts and proceedings from invalidity based only on a member vacancy or defect in constitution.
Operational response
A party considering a composition objection should identify an actual legal consequence beyond the mere existence of a vacancy or defect and take advice on the specific record.
Important boundary
The phrase “by reason only” is important. The section does not decide every possible procedural or jurisdictional challenge to an order.
When the provision matters
Section 64 protects Commission acts and proceedings from invalidity based only on a member vacancy or defect in constitution.
The phrase “by reason only” is important. The section does not decide every possible procedural or jurisdictional challenge to an order.
Practical response
A party considering a composition objection should identify an actual legal consequence beyond the mere existence of a vacancy or defect and take advice on the specific record.
Decision points and records
Identify the actual defect and its asserted legal effect before raising an objection.
Do not state that section 64 cures every jurisdictional or fairness problem.
Example
A respondent sees one vacant seat while its complaint is heard. The vacancy alone does not void the Commission’s proceedings under this section.
Official sources
Practical checklist
Do
- Record any concrete participation or jurisdiction objection promptly.
- Identify the actual defect and its asserted legal effect before raising an objection.
Avoid
- Do not assume a vacant seat automatically invalidates a decision.
- Do not state that section 64 cures every jurisdictional or fairness problem.
Illustrative example
Section 64 in practice
A respondent sees one vacant seat while its complaint is heard. The vacancy alone does not void the Commission’s proceedings under this section.
Identify the statutory trigger
Section 64 protects Commission acts and proceedings from invalidity based only on a member vacancy or defect in constitution.
Preserve the key record
Identify the actual defect and its asserted legal effect before raising an objection.
Apply the limit
The phrase “by reason only” is important. The section does not decide every possible procedural or jurisdictional challenge to an order.
Outcome
- A party considering a composition objection should identify an actual legal consequence beyond the mere existence of a vacancy or defect and take advice on the specific record.
Glossary
- National Commission
- The national consumer dispute redressal forum under Chapter IV of the Act.
- By reason only
- The limiting words that prevent a vacancy or constitution defect alone from invalidating a Commission act.
Frequently asked questions
Does a vacancy alone invalidate a Commission order?
No. Section 64 says acts and proceedings of District, State and National Commissions are not invalid by reason only of that vacancy or a defect in constitution.
Which Commissions are covered?
District, State and National Commissions are all expressly named in section 64.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026