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NCDRC case – party-in-person with existing vakalatnama & POA
23-Jan-2026 (In Recovery Law)
We have a group consumer complaint pending before the NCDRC for nearly two years. The advocate who filed vakalatnama and appeared earlier has now expressed inability to continue. The complainants have executed multiple POAs authorising certain members to act for the group.
Procedural query: Can we proceed as party-in-person (through POA holders) when an advocate’s vakalatnama is already on record, or does the NCDRC registry require a formal withdrawal/NOC from the advocate to be placed on record
Hi there, with valakatnama already on record you cannot proceed as party in person.
You need NOC from your lawyer and request the forum to let you proceed with the party in person.
You'll have to make a POA in favour of one person and appoint him as the representative for the whole group.
If you need any explanation or help feel free to contact me.
Helpful?
Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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You cannot seamlessly switch to party-in-person / POA representation while an advocate’s vakalatnama is subsisting on record before the NCDRC.
Position in practice and law:
Once a vakalatnama is filed and accepted, the advocate continues to be the recognised counsel on record until:
a formal withdrawal/discharge is filed by the advocate with leave of the Commission, or
the party files an application seeking permission to disengage the advocate and appear in person / through authorised representative (POA holder), and the Commission records the change.
NCDRC Registry practice requires clarity of representation. The Registry will generally not permit party-in-person filings or POA appearances parallel to an existing vakalatnama, as this creates ambiguity and procedural irregularity.
POA holders are permissible to represent complainants under the Consumer Protection framework, including in group complaints, but only after the vakalatnama issue is regularised.
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Adv. Madhvi Chopra
Adv. Madhvi Chopra
Delhi | 50+ Answers
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In the pending group consumer complaint before the Hon’ble NCDRC, once an advocate has filed a vakalatnama and appeared, his authority continues to subsist until formally withdrawn or substituted. Therefore, before the complainants or their authorised Power of Attorney (POA) holders can appear and act as party-in-person, it is procedurally necessary to file either (i) a formal NOC from the previous advocate along with a request for substitution, or (ii) an application seeking discharge of the advocate on record citing his inability to continue. Upon acceptance of such withdrawal or substitution by the Hon’ble Commission, the complainants may then proceed through their POA holders.
Accordingly, it is advisable to place the advocate’s written NOC or a discharge application on record before proceeding in-person through POA holders.
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Adv. Nikhil Karwal
Adv. Nikhil Karwal
Delhi | 25+ Answers
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Yes. You can proceed with the matter. You need to file application explaining the situation. In addition to the application, you can take NOC from the advocate. If it is not possible to furnish the NOC, you can explain the situation in the application itself. Additionally, you should request for exemption from filing NOC. NCDRC grants exemption on valid grounds.
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Adv. Aditya Kumar
Adv. Aditya Kumar
Delhi | 25+ Answers
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Yes, if your advocate has withdrawn from the case, you have the right to appear as a party-in-person, representing yourselves directly in court. You all must formally inform the court and may be required to file a memorandum of appearance to proceed with your case, ensuring all future notices will be served directly to you all.
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Adv. Prawal Chaturvedi
Adv. Prawal Chaturvedi
Delhi | 50+ Answers
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