Sections 61 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 61 lets a party who was ordered against in their absence ask the National Commission to set that order aside. Section 62 lets the National Commission move a complaint from one State's District or State Commission to another State's, when that serves the interest of justice. Both are short sections, and what they leave unsaid matters as much as what they say. If you are facing an ex parte order, our legal dispute resolution team can check the order and the dates with you.
Where the National Commission passes an order ex parte, the aggrieved party may apply to the Commission to set it aside (s.61). The section prints no time limit and no grounds. Under section 62, on the complainant's application or on its own motion, the National Commission may, at any stage and in the interest of justice, transfer a complaint from a District Commission of one State to a District Commission of another State, or from one State Commission to another State Commission.
Both sections at a glance
| Section | Who may act | What can be done | Stated conditions |
|---|---|---|---|
| 61 | Aggrieved party | Apply to the National Commission to set aside its ex parte order | None printed other than the order being ex parte |
| 62 | Complainant, or the Commission on its own motion | Transfer a complaint to another State | At any stage; in the interest of justice |
Section 61: setting aside an ex parte order
The section reads: "Where an order is passed by the National Commission ex parte, the aggrieved party may make an application to the Commission for setting aside such order."
"Ex parte" means that the order was passed in the absence of one party, usually an opposite party who did not appear after notice. The Act does not define the term. Notice to the parties is dealt with in section 65, explained in our article on service of notice.
Points to note from the wording:
- Only the National Commission is named. Section 61 speaks of an order passed by the National Commission. It does not mention the District or State Commission, so this article does not describe how those bodies treat ex parte orders.
- "The aggrieved party". The text does not say it must be the opposite party. A complainant whose complaint was decided in their absence would equally be a party aggrieved by an ex parte order.
- No time limit. There is no period such as thirty days, no proviso on sufficient cause and no requirement to show a reason for not appearing. The Act is silent, and the filing period, fee and form are left to rules and regulations that are not in the source text.
- No stay stated. Section 61 does not say whether the order is suspended while the application is pending, or whether the other side must be heard on the application.
- A different route from review. Section 60 allows a review only for an error apparent on the face of the record, within thirty days. Setting aside an ex parte order is a separate remedy; see sections 59–60 on procedure and review.
Example. Kiran Appliances Pvt Ltd is named as an opposite party in a complaint of Rs 12 crore before the National Commission. The notice was sent to an old office and never reached the company's current management. The Commission proceeds ex parte and passes an order. Once Kiran learns of it, the company can apply under section 61 to set it aside. The section does not tell it how long it has, so it should apply promptly and check the rules and the Commission's regulations for any period.
Section 62: transfer of cases
The full text: "On the application of the complainant or of its own motion, the National Commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the District Commission of one State to a District Commission of another State or before one State Commission to another State Commission."
Breaking it down:
| Element | Text |
|---|---|
| Who decides | The National Commission |
| Who can trigger | The complainant, or the National Commission on its own motion |
| When | At any stage of the proceeding |
| Test | In the interest of justice |
| From and to | District Commission of one State to a District Commission of another State; or State Commission to another State Commission |
Observations:
- The opposite party is not named. The text lets only the complainant apply. An opposite party who wants a transfer is not given a right to apply by the words of section 62, though the National Commission can act "of its own motion".
- Only transfers between States. The section covers a move from one State to another. It does not deal with a move between two districts of the same State, nor does it deal with a transfer from a District Commission to a State Commission. For the same transfer power exercised by a State Commission inside its own State, see sections 48–50.
- "Interest of justice" is not defined. The Act gives no list of grounds, such as the witness's convenience or the seat of the opposite party.
- The two ends match. District to District, State to State. The text does not allow, for example, a District Commission complaint to be shifted to a State Commission of another State.
- Not a change of jurisdiction. Transfer moves where the complaint is heard; it does not change the money limit under section 34 or 47 that decided which Commission could hear it in the first place.
Example. Mr Anand in Kanpur files a complaint against a service provider before the District Commission of a city in another State, the place where the provider has its office. Several witnesses are in Kanpur and the file would be easier to deal with in a Kanpur forum. He applies to the National Commission to transfer the complaint. It can do so if it thinks the interest of justice requires it, and the text of section 62 does not describe any required procedure.
What both sections leave out
- No form, fee, time limit or procedure is stated in either section.
- Neither section says whether the other side is heard before an order is made.
- Section 62 does not say what happens to evidence already recorded, or whether proceedings start afresh at the new forum.
- Neither provision creates a right of appeal in terms. Appeals are dealt with in section 67 for original orders of the National Commission.
Need help with an ex parte order or a transfer?
An ex parte order can be passed without you in the room, and an application to set it aside should be ready quickly with the proof of notice and the reason for absence. Our team can draft the section 61 application or the section 62 request for a transfer. Book a legal dispute resolution consultation and bring the order, the notice and the postal record.
Key takeaways
- Section 61 allows an aggrieved party to apply to the National Commission to set aside its ex parte order.
- The text sets no period, no grounds and no stay for a section 61 application.
- Section 62 lets the National Commission transfer complaints between States, at any stage, in the interest of justice.
- A transfer can be sought by the complainant or ordered by the Commission on its own motion.
- Procedure, forms and fees are not in these sections; check the rules and regulations.
Read next
- Sections 59–60: procedure and review by the National Commission
- Sections 63–64: vacancy in the office of President and validity of proceedings
- Section 65: service of notice
- Consumer Dispute Redressal Commissions: District, State, National
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.