20. Composition of the National Commission
(1) The National Commission shall consist of-
(a) a person who is or has been a Judge of the Supreme Court, to be appointed by the Central
Government, who shall be its President:
2[PROVIDED that no appointment under this clause shall be made except after consultation with
the Chief Justice of India;]
(b) four other members who shall be persons of ability, integrity and standing and have adequate
knowledge or experience of, or have shown capacity in dealing with, problems relating to
economics, law, commerce, accountancy, industry, public affairs or administration, one of whom
shall be a woman:
2[PROVIDED that every appointment under this clause shall be made by the Central Government
on the recommendation of a selection committee consisting of the following, namely,-
(a) a person who is a Judge of the Supreme Court, to be nominated by the Chief Justice of IndiaChairman,
(b) the Secretary in the Department of Legal Affairs in the Government of India-Member.]
(2) The salary or honorarium and other allowances payable to and the other terms and conditions
of service 3[* * *] of the members of the National Commission shall be such as may be prescribed
by the Central Government.
2[(3) Every member of the National Commission shall hold office for a term of five years or up to
the age of seventy years, whichever is earlier and shall not be eligible for re-appointment.
(4) Notwithstanding anything contained in sub-section (3), a person appointed as a President or
as a member before the commencement of the Consumer Protection (Amendment) Act, 1993,
shall continue to hold such office as President or member, as the case may be, till the completion
of his term.]
21. Jurisdiction of the National Commission
Subject to the other provisions of this Act, the National Commission shall have jurisdiction-
(a) to entertain-
(i) complaints where the value of the goods or services and cornpensation, if any, claimed
exceeds rupees 1[twenty lakhs]; and
(ii) appeals against the orders of any State Commission; and
(b) to call for the records and pass appropriate orders in any consumer dispute which is pending
before or has been decided by any State Commission where it appears to the National
Commission that such State Commission has exercised a jurisdiction not vested in it by law, or
has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction
illegally or with material irregularity.
22. Power of and procedure applicable to the National Commission
The National Commission shall, in the disposal of any complaints or of any proceedings before it,
have
(a) the powers of a civil court as specified in sub-sections (4), (5) and (6) of section 13;
(b) the power to issue an order to the opposite party directing him to do any one or more of the
things referred to in clauses (a) to (i) of sub-section (1) of section 14,
and follow such procedure as may be prescribed by the Central Government.
23. Appeal
Any person, aggrieved by an order made by the National Commission in exercise of its powers
conferred by sub-clause (i) of clause (a) of section 21, may prefer an appeal against such order to
the Supreme Court within a period of thirty days from the date of the order:
PROVIDED that the Supreme Court may entertain an appeal after the expiry of the said period of
thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
24. Finality of order
Every order of a District Forum, State Commission or the National Commission shall, if no appeal
has been preferred against such order under the provisions of this Act, be final.
2[24A. Limitation period
(1) The District Forum, the State Commission or the National Commission shall not admit a
complaint unless it is filed within two years from the date on which the cause of action has arisen.
(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after
the period specified in sub-section (1), if the complainant satisfies the District Forum, the State
Commission or the National Commission, as the case may be, that he had sufficient cause for not
filing the complaint within such period:
PROVIDED that no such complaint shall be entertained unless the National Commission, the
State Commission or the District Forum, as the case may be, records its reasons for condoning
such delay.
24B. Administrative control
(1) The National Commission shall have administrative control over all the State Commissions in
the following matters, namely,-
(i) calling for periodical returns regarding the institution, disposal, pendency of cases;
(ii) issuance of instructions regarding adoption of uniform procedure in the hearing of matters,
prior service of copies of documents produced by one party to the opposite parties, furnishing of
English translation of judgments written in any language, speedy grant of copies of documents;
(iii) generally overseeing the functioning of the State Commissions or the District Fora to ensure
that the objects and purposes of the Act are best served without in any way interfering with their
quasi-judicial freedom.
(2) The State Commission shall have administrative controls over all the District Fora within its
jurisdiction in all matters referred to in sub-section (1).]
25. Enforcement of orders by the Forum, the State Commission or the National
Commission
Every order made by the District Forum, the State Commission or the National Commission, may
be enforced by the District Forum, the State Commission or the National Commission as the case
may be, in the same manner as if it were a decree or order made by a court in a suit pending
therein and it shall be lawful for the District Forum, the State Commission or the National
Commission to send, in the event of its inability to execute it, such order to the court within the
local limits of whose jurisdiction-
(a) in the case of an order against a company, the registered office of the company is situated, or
(b) in the case of an order against any other person, the place where the person concerned
voluntarily resides or carries on business or personally works for gain, is situated, and thereupon,
the court to which the order is so sent, shall execute the order as if it were a decree or order sent
to it for execution.
1[26. Dismissal of frivolous or vexatious complaints
Where a complaint instituted before the District Forum, the State Commission or, as the case
may be, the National Commission, is found to be frivolous or vexatious, it shall, for reasons to be
recorded in writing, dismiss the complaint and make an order that the complainant shall pay to
the opposite party such cost, not exceeding ten thousand rupees, as may be specified in the
order.
27. Penalties
Where a trader or a person against whom a complaint is made 2[or the complainant] fails or omits
to comply with any order made by the District Forum, the State Cornmission or the National
Commission, as the case may be, such trader or person 2[or complainant] shall be punishable
with imprisonment for a term which shall not be less than one month but which may extend to
three years, or with fine which shall not be less than two thousand rupees but which may extend
to ten thousand rupees, or with both:
PROVIDED that the District Forum, the State Commission or the National Commission, as the
case may be, may, if it is satisfied that the circumstances of any case so require, impose a
sentence of imprisonment or fine, or both, for a term lesser than minimum term and the amount
lesser than the minimum amount, specified in this section.