Hasit Hemani
Asked March 15, 2017

Consumer case: Appeal

  • 1 Answer
  • 673 Views

I would like to appeal for consumer protection regarding the printing of price on the product package.

Answer 1

We are not sure what you mean by appeal. In legal terms, an appeal in front of a court would be against a judgment passed by a lower court.

An appeal is against the previous judgment. If, for instance, there are legal inaccuracies, in your opinion, in the decision of the State Commission, then you appeal to the National Consumer Disputes Redressal Commission, at New Delhi, within a period of thirty days from the date of receipt of the order[1].

Working days: Monday to Friday

Time: 10:00 A.M. to 4:30 P.M.

Address: Ground Floor, ‘Upbhokta Nyay Bhawan’, ‘F’ Block, General Pool Office Complex, INA, New Delhi - 110 023. 

Time limit: within a period of thirty days from the date of the order of the State Commission. Though National Commission may (not guaranteed) entertain an appeal after 30 days if it is satisfied that there was sufficient cause for not filing it within that period. What is sufficient cause, will depend on facts and circumstances and how well you can convince the court that whatever caused the delay was out of your power.

 

First Appeal must be supported by a Notarised attested affidavit with 1+3 sets + Number of Opposite Parties (with File cover).  The First Appeal along with all the copies should be paginated and duly indexed in the following seriatim:-

1.  Index

2.  List of Dates

3.  Memo of Parties (with fresh complete addresses & telephone no.)

4.  Appeal with Notarised attested affidavit

5.  Stay Application, or any other application if any, with Notarised attested affidavit

6.  Application for condonation of delay with Notarised attested affidavit, if beyond limitation. (Within 30 days of receipt of order)

7.  Certified copy of order of State Commission

8.  Copy of Complaint, Pleadings, Evidence, Reply & Rejoinder filed in State Commission and other documents relied on by both parties.(All the Annexures must be attested as True Copy on the last page with name & signature)

9.  Statuary Deposits as per Section 19 of the Consumer Protection Act, 1986 in the form of Demand Draft (i.e., deposit 50 percent of the amount or Rs. 35,000/-, whichever is less: in favour of “The Registrar, NCDRC, New Delhi”)

[Source: Official Website of the National Consumer Disputes Redressal Commission[2]]

 

The Consumer Protection Act mandates that the National Commission must finally dispose the case within 90 days of admitting the appeal. If adjournments are passed, the reasons must be recorded in writing by the Commission.

 

If you wish to further appeal against the National Commission’s judgment, only then will you need to approach the Supreme Court.

 

 

[1] Section 19 of the Consumer Protection Act, 1986

[2] You can find the forms and affidavits at http://ncdrc.nic.in/fa.html

Agree Comment 0 Agrees over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.