When the Tie-Breaker Becomes the Judge: The Supreme Court on Third-Member References Under Section 58(3) of the Consumer Protection Act, 2019

The Supreme Court’s decision in Askari Hussain & Ors. v. Dinesh Kumar & Ors.1, delivered on 24th August 2026 by a Bench of Justice Dipankar Datta and Justice Sheel Nagu, decides a question of procedure that arises infrequently but, when it does arise, is capable of adding years to a proceeding. Where two members of a Bench of the National Consumer Disputes Redressal Commission differ in opinion and the matter is placed before a third member, how far may that third member go? Is he confined to answering the questions referred to him and returning the file to the Bench that made the reference, or may he proceed to decide the appeal himself? The answer given by the Court is narrow in its terms and considerably more generous in its effect, and it merits close attention from anyone who practises before the consumer commissions.