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The Consumer Protection Act, 2019 aims to provide speedy and effective redressal to consumer grievances. In certain cases, when one party (usually the opposite party) fails to appear before the Consumer Commission despite being properly served with notice, the Commission may proceed ex-parte and pass an order in their absence.

To ensure fairness and to uphold the principles of natural justice, the Act provides a mechanism to set aside such ex-parte orders.

What is an Ex-Parte Order?

An ex-parte order is one passed without hearing one of the parties, usually because that party failed to appear in court/commission despite proper notice. This is generally done to avoid unnecessary delays and ensure swift justice.

Grounds for Setting Aside Ex-Parte Orders

The opposite party must show sufficient cause for not appearing before the Commission. This may include:

  • Illness or medical emergency
  • Delay in receiving the notice
  • Mistaken date or venue
  • Natural calamities, strikes, or transport issues
  • Any other reasonable and genuine cause

The Commission will evaluate whether the cause shown is bona fide (genuine) and not a deliberate attempt to delay proceedings.

Procedure to File Application

The party must file an application before the same Commission which passed the ex-parte order. The application must be supported with an affidavit stating the reasons for non-appearance. It should ideally be filed within 30 days, though the Commission may allow later filing if justified. The other party is given a chance to be heard, before the Commission decides on the application.

Discretion of the Commission

Setting aside an ex-parte order is not automatic. It is subject to the judicial discretion of the Commission. The Commission must be satisfied that the non-appearance was not intentional or negligent and allowing the party to contest will not result in undue delay or prejudice to the other party.

Legal Effect of Setting Aside

If the Commission sets aside the ex-parte order, the case is reopened, and both parties are given the opportunity to be heard. If the Commission rejects the application, the original ex-parte order remains valid, and the aggrieved party can file an appeal against that decision.

Objective and Importance

This provision ensures fairness and equity in the judicial decision and that justice is not denied due to technical absence. It provides protection from arbitrary or one-sided decisions It reflects the principle of audi alteram partem – “Let the other side be heard as well”.