My Lord, Revision Petitions under Section 21(b) of The Consumer Protection Act, 1986 against State Commission Orders in Execution Proceedings?

No.

Revisional Jurisdiction of NCDRC under Section 21(b) is limited to Pending/Disposed Consumer Disputes before State Commissions. Execution Petitions cannot be Consumer Disputes. Consumer Disputes don’t encompass Execution Proceedings. Execution Proceedings are Independent Proceedings. State Commission Orders in Execution Proceedings aren’t Consumer Dispute Orders.

– Hon’ble Justice Indu Malhotra, Karnataka Housing Board v. K.A. Nagamani, [Civil Appeal No. 4631 of 2019].

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Sunil Kumar Maity v. State Bank of India, 2022 SCC OnLine SC 77 held, conditions laid down in Section 21(b) are only parameters under which a revision may be invoked. If a document has already been considered and rejected by State Commission, a revision does not lie merely because National Commission has a different view on same. Similarly, in Rajiv Shukla v. Gold Rush Sales & Services Ltd., (2022) 9 SCC 1 it was laid down, jurisdiction of revision is very limited and must be invoked only when there is a patent illegality in findings. Rubi Chandra Dutta v. United India Insurance Co. Ltd., (2011) 11 SCC 269 held, even if no patent error, revisional jurisdiction may be invoked in a case of gross miscarriage of justice.

It is unclear as to how National Commission perceived, State Commission exercised jurisdiction not vested in it or has failed to exercise jurisdiction vested in. There is nothing to indicate in decision of National Commission as to whether there is any illegality in approach adopted by State Commission or it had acted with material irregularity.

– Hon’ble Justice Pamidighantam Sri Narasimha, Rajesh Kumar v. National Insurance Co. Ltd., [Civil Appeal Nos. 14615-14616 of 2024] decided on 17.12.2024.

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NCDRC decided by building up a new case altogether! Once his case, as pleaded and projected, was not made out, NCDRC clearly erred in building up a new case. NCDRC overstepped its power and jurisdiction [Rama Kt. Barman v. Mohd. Mahim Ali, 2024 SCC OnLine SC 4083]. NCDRC clearly transgressed its jurisdiction in building a new case.

– Hon’ble Justice Sanjay Kumar, Deep Nursing Home v. Manmeet Singh Mattewal, [Civil Appeal No. 1662 of 2016] decided on 09.09.2025.