Sections 59 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 59 tells you which procedure the National Commission follows when it hears a complaint, and lets it declare an unfair contract term null and void. Section 60 gives it a limited power to review its own order when there is an error apparent on the face of the record. If you need the order looked at before the thirty days run out, our legal dispute resolution team can help you assess it.
The rules for complaints in sections 35, 36, 37, 38 and 39 apply to the National Commission with such modifications as may be considered necessary (59(1)). Separately, it may declare any unfair contract term null and void (59(2)). Under section 60 the National Commission may review its own order for an error apparent on the face of the record, either of its own motion or on an application by any party made within thirty days of the order.
The two sections at a glance
| Provision | What it does | Key point |
|---|---|---|
| 59(1) | Borrows the complaint procedure of ss.35–39 | "With such modifications as may be considered necessary" |
| 59(2) | Unfair contract terms | National Commission may declare them null and void |
| 60 | Review of its own order | Error apparent on the face of the record; thirty days for a party's application |
Section 59(1): procedure borrowed from sections 35 to 39
The Act does not write a separate procedure for complaints in the National Commission. Section 59(1) says that "the provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be considered necessary, be applicable to the disposal of complaints by the National Commission."
Those five sections cover, in order, how a complaint is filed (s.35), what happens on its admission (s.36), reference to mediation (s.37), the procedure after admission (s.38) and the reliefs that may be ordered (s.39). Our articles on the District Commission explain each one; for the filing step start with how a complaint is filed under section 35.
Two points follow from the wording:
- The procedure is borrowed, not copied. The phrase "with such modifications as may be considered necessary" does not list the modifications. The text does not say who considers them necessary or what they are. In practice the regulations and rules under the Act fill in the details; those are not in the text this article is based on.
- The reliefs are the same list. Because section 39 is included, the National Commission can order the kinds of relief that section 39 lists for a District Commission, subject to those modifications. For the money limits that decide which Commission hears a complaint, see section 58 on the jurisdiction of the National Commission.
Section 59(2): unfair contract terms
"Without prejudice to sub-section (1), the National Commission may also declare any terms of contract, which is unfair to any consumer to be null and void."
Notice what this does and does not say:
- The power is given to the National Commission here. The section does not repeat it for the District or State Commission, and the text of section 59 says nothing about whether they hold a like power.
- It speaks of any terms of a contract, so a single clause can be struck down while the rest of the contract is left alone. The section does not say what happens to the rest of the contract; it is silent on that.
- "Unfair to any consumer" is judged against the Act's own definition of an unfair contract in section 2. Our article on definitions including unfair contract sets that definition out.
Example. A property developer's standard agreement, signed by buyers across the country, lets the developer forfeit most of any deposit if a buyer cancels, whatever the reason. A complaint about that clause that is within the National Commission's jurisdiction can ask the Commission to declare the clause null and void under 59(2).
Section 60: review of the Commission's own order
Section 60 is a single sentence: "The National Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order." ("Any of the order" is a drafting slip for "any of the orders".)
Take it in parts.
| Element | What the text says |
|---|---|
| Who decides | The National Commission, on its own order only |
| Ground | An error apparent on the face of the record |
| Trigger | Its own motion, or an application by any of the parties |
| Time for an application | Within thirty days of the order |
- Narrow ground. The ground is an error "apparent on the face of the record". The section does not widen it to a fresh view of the evidence or a different reading of the law. The Act does not define the phrase, and this article does not go into how it is applied.
- Thirty days. The period runs "of such order", that is from the date of the order, not from receipt of a copy. The thirty days in the text apply to the party's application. The text sets no time limit for review on the Commission's own motion, and it does not say whether a late application can be condoned. Section 60 has no proviso for sufficient cause, unlike the appeal provisions.
- Review is not appeal. If a party wants the order re-examined by a higher forum, the route is an appeal to the Supreme Court, which is available only against orders in the original jurisdiction described in section 67; see sections 67–68 on the appeal to the Supreme Court. The Act does not say whether filing a review application stops the clock for that appeal.
Example. The National Commission orders Harbour Textiles Ltd to pay a buyer a sum that, on the order's own face, adds two figures wrongly. Harbour files an application within thirty days pointing out the arithmetic error. That is the type of mistake section 60 is meant for. If instead Harbour wants to argue the Commission should have believed its witnesses, that is not an error apparent on the face of the record.
What the text leaves out
- Fee and form of a review application are not stated; the Act leaves procedure to rules and regulations, which are not in the source text.
- Notice to the other side. Section 60 does not say whether the other party is heard before an order is reviewed. Section 59(1) borrows the procedure of ss.35–39 only, and none of those sections deals with review.
- Number of reviews. The text does not say whether a reviewed order can be reviewed again.
The parallel review powers of the District and State Commissions sit in sections 40 and 50 of the Act.
Need help with a review or an unfair clause?
Deciding whether a mistake is truly "apparent on the face of the record", and filing within thirty days of the order, needs a careful read of the order itself. Our team can review your order and draft the application. Start with a legal dispute resolution consultation and keep the order and the date it was passed to hand.
Key takeaways
- The National Commission follows the complaint provisions of ss.35–39 with necessary modifications (59(1)).
- It may declare any term of a contract unfair to a consumer null and void (59(2)).
- It may review its own order for an error apparent on the face of the record (s.60).
- A party's review application must be made within thirty days of the order; the text sets no time for review on its own motion.
- Review is limited; an appeal to the Supreme Court is a different remedy.
Read next
- Section 58: jurisdiction of the National Commission
- Sections 61–62: setting aside ex parte orders and transfer of cases
- Sections 67–68: appeal to the Supreme Court and finality of orders
- Consumer Protection Act 2019: Complete Guide to Rights, Forums and Remedies
Disclaimer: Based on the Consumer Protection Act, 2019 as enacted, as consulted on 1 October 2026. Monetary limits, fees and procedure are set or revised by rules and regulations made under the Act and should be checked in their current form. This article is general information, not legal advice; check the official text before acting.