Consumer Protection Act Section 12 — Vacancy, etc., not to invalidate proceedings of Central Authority

Summary

Any action or proceeding of the Central Authority will not be considered invalid just because of a vacancy in its membership or a flaw in how the Authority is set up.

Under clause (b), a proceeding will also not be invalid due to any defect in the appointment of someone acting as the Chief Commissioner or as a Commissioner.

Under clause (c), a proceeding will not be invalid due to any irregularity in the Authority's procedure, as long as that irregularity does not affect the merits of the case.

Official Text

No act or proceeding of the Central Authority shall be invalid merely by reason of—

(a) any vacancy in, or any defect in the constitution of, the Central Authority; or

(b) any defect in the appointment of a person acting as the Chief Commissioner or as a Commissioner; or

(c) any irregularity in the procedure of the Central Authority not affecting the merits of the case.

Related Judgments

• THE JOINT LABOUR COMMISSIONER AND REGISTERING OFFICER & ANR. vs KESAR LAL — Supreme Court of India (2020)
• MAHINDRA ELECTRIC MOBILITY LIMITED AND ANR. vs COMPETITION COMMISSION OF INDIA AND ANR — Delhi High Court (2019)
• HONGKONG AND SHANGHAI BANKING CORP. LTD. vs AWAZ & ORS — Supreme Court of India (2024)
• BHARAT SANCHAR NIGAM LIMITED vs TELECOM REGULATORY AUTHORITY OF INDIA AND OTHERS — Supreme Court of India (2013)
• Neelkamal Realtors Suburban Pvt. Ltd. and anr. vs 1. Union of India and ors — Bombay High Court (Mumbai Principal Seat) (2017)