Delhi High Court: Judicial Member Not Compulsory in Every NCDRC Bench
The Delhi High Court has clarified that benches of the National Consumer Disputes Redressal Commission (NCDRC) do not always need a judicial member. Justice Manoj Jain, in a 17-page ruling, explained that the law gives the NCDRC President full discretion in forming benches.
The case came from a plea by Navin M. Raheja and another petitioner against two NCDRC orders. They argued that the orders were invalid since the bench included only technical members.
The Court rejected this argument and highlighted key points:
- Consumer Protection Act (1986 & 2019): No proceedings can be declared void just because of a vacancy or defect in bench composition.
- Bench Formation: The NCDRC President can form benches with “one or more members” and need not always include judicial members.
- Safeguards in Place: If a non-judicial bench faces a complex legal issue, the case must be referred to the President (a judicial member), who can reconstitute the bench.
- Balance of Members: Judicial members cannot exceed half the total strength of NCDRC, so technical members may sometimes form benches without judicial members.
The Court concluded that there is no legal requirement for every NCDRC bench to include a judicial member and dismissed the petition, thereby upholding the NCDRC’s orders against Raheja Developers.
