HASAN AL BANNA
Asked August 12, 2016

appeal from state consumer forum

  • 1 Answer
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Respected Sir, I am an inhabitant of West Bengal. I filed a case in District Forum (CC) against State Bank Of India for issuance of wrong ATM card instead of ‘State Bank Global Card’ for travelling in abroad where I faced inhuman sufferings without money. As the card provided by bank was not working there. I won in the District Forum Rs. 35,000/- as compensation and Rs. 5,000/- as cost. But Bank filed a case (First Appeal) in State Commission, West Bengal and won. (State Commission Order: “Accordingly, the instant Appeal is allowed, the impugned judgment and order is set aside and the Complaint stands dismissed. No order as to costs”.) Now I want to file case in ‘National Consumer Disputes Redressal Commission’, New Delhi. I have some questions regarding this: Question: 1. Now I want to move to ‘NCDRC’, in what section should I file my case either in ‘First Appeal’(FA) or in ‘Revision Petition’(RP)? 2. I was the ‘Complainant’ in District Forum and Bank was ‘Opposite Party’. In State Commission, I became ‘Respondent/Complainant’ and Bank became ‘Appellant/OP Bank ’. So, my question as I am filing case in ‘NCDRC’, who will be ‘Appellant’ or ‘Respondent’? Thanks and regards. Hasan Al Banna

Answer 1

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Saumya Gupta

Under the Consumer Protection Act, 1986 no appeal lies against the order of State Commission passed in appeal against the order of the District Forum. As per the Act, only a revision petition on an order of the State Commission on an appeal from the District Forum is possible as given under Section 21(b)[1]. However, the scope of this revisionary power is very limited and only those cases are entertained where some prima facie error appears in the order of the State Commission. The revision petition is entertained only in cases where there is a jurisdictional error or where there is miscarriage of justice. Therefore, to win a case under this section you will have to prove that the decision of the State Commission has some error. However this will be highly difficult to be proved in the court of law. In a case it has been seen that revision on different interpretation of the same set of facts is also not permissible[2].Therefore, filing a revision petition may not be very fruitful in your case.

The other remedy which is available would be of a writ petition under Article 226 to the High Court. Although in several instances the courts do not entertain such petitions because of presence of alternate remedy, i.e, of a revision petition to the National Commission[3]. However, keeping in mind the limited scope of revision petitions, several high courts have allowed writ petitions on an appeal from the District Forum to the State Commission[4].

Answering your second part of the query both in this revision petition  as well in the writ petition you will be the petitioner and the Bank will be the Respondent.

 

 

[1] Bhagwati Prasad  Barosia v. LIC, AIR 2009 NOC 1800 (NC).

[2] Mrs. Rubi (Chandra) Dutta vs. United India Insurance Company, (2011) 11 SCC 269.

[3] Nivedita Sharma v. Cellular Operator Assn. of India (2011) 14 SCC 337.

[4] Standard Chartered Bank and Anr., LR 2008 KARNATAKA 3395.

Agree Comment 0 Agrees about 1 year ago

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