Powers not given by statute cannot be exercised

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Can State Consumer Disputes Redressal Commissions – commonly referred to as State Commissions – and District Consumer Forums recall or review their own orders?

Ruling in Rajeev Hitendra Pathak v Achyut Karekar, a three-judge bench of the Supreme Court said the Consumer Protection Act, 1986, which created both these tribunals, does not give them the power to set aside or review their orders once passed.

The court held that only the National Consumer Disputes Redressal Commission (NCDRC), which is at the top of the widely used three-tier quasi-judicial consumer disputes redressal system, has the power to review its ex parte orders.

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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

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