A bench of Justice Subramonium Prasad issued the notice on a plea by NBCC India Ltd, which moved the high court to challenge an order passed by the NCDRC on February 23.

The court clarified that it is only examining the limited question regarding the jurisdiction of the NCDRC in terms of bench composition.

"Normally this court does not entertain writ petitions when alternate remedy is available to the petitioners but the issue in the present case is as to whether a member sitting singly can pass a judgment when the rules specifically provide that the composition of the Bench must be minimum two. Moreover, this issue has already attained finality in the proceedings which emanated from Rajasthan."

The petitioner argued that the order was passed by the presiding member of the NCDRC and contended that the presiding member did not have the jurisdiction to pass such orders while sitting as a single member.

The petitioner's counsel referred to Section 58(2)(3) of the Consumer Protection Act, 2019, which specifies that the jurisdiction, powers, and authority of the NCDRC can only be exercised by a bench constituted by the President, comprising one or more members as deemed appropriate.

Counsel further stated that Section 2 (27) of the Act defines "member" as including the President and a member of the National Commission or a State Commission or a District Commission, as the case may be. It was, therefore, contended that the consumer complaint could only have been entertained by a bench comprising at least two members.

After noting that the petitioner was able to make out a prima facie case, the issued notice in the matter and posted the matter for hearing next on November 2.