New Delhi, May 21, 2025:

In a significant ruling under the Consumer Protection Act, 2019, the National Consumer Disputes Redressal Commission (NCDRC) has allowed the transfer of First Appeal No. 1 of 2023 from the non-functional State Commission in Arunachal Pradesh to the State Commission in Assam at Guwahati.

The transfer was ordered in Transfer Application No. 9 of 2024 filed by M/s. Mahindra & Mahindra Ltd., citing the prolonged non-functioning of the Arunachal Pradesh State Commission due to the lack of quorum, including the absence of a President and Members. The appeal, which challenges an order dated 31.03.2023 by the District Consumer Forum, had remained unheard for over 10 months.

In a detailed judgment delivered by Hon’ble AVM J. Rajendra (Retd.) and Hon’ble Mr. Subhash Chandra, the NCDRC addressed the crucial legal issue: Can the National Commission transfer an appeal or revision under Section 62 of the Consumer Protection Act, 2019, despite the section explicitly mentioning only “complaints”?

The Commission held that since an appeal is a continuation of the original complaint, the power of transfer under Section 62 can be interpreted to include appeals and revision petitions. Relying on landmark judgments by the Hon’ble Supreme Court and the Kerala High Court, the NCDRC clarified that such powers can be exercised to avoid procedural deadlock and uphold the objectives of speedy consumer justice.

The judgment reaffirms that the Consumer Protection Act, being a beneficial legislation, must be interpreted in a manner that serves the ends of justice and does not defeat the rights of parties due to administrative or procedural lacunae.
The Commission has directed both parties to appear before the Assam State Commission at Guwahati on 21st July 2025.

Counsel Appeared: Adv Anaand Shankar Jha