Learn how to challenge an adverse State Consumer Commission order before NCDRC, including limitation, Section 51, documents, deposit and legal remedies.
You have just received an adverse consumer commission order. It can feel final. You may have been denied a refund you are entitled to or been offered a ridiculously small settlement amount. Perhaps your consumer complaint was dismissed or one of your primary claims was not accepted by the consumer forum. Although you may have received an adverse order from a State Consumer Commission, all remedies under the consumer law may not have been extinguished.
There are various scenarios where a person aggrieved by certain categories of orders from the State Commission can file an appeal before the National Consumer Disputes Redressal Commission or âNCDRCâ. The potential remedy would depend on the order passed, grounds in law, limitation and the statutory course available in the particular facts of the case.
Instead of asking yourself âCan I file an NCDRC appeal?â Being a consumer from Delhi NCR or Noida or Ghaziabad or Gurugram or Faridabad or anywhere else in India, you should first ask yourself if the order you received is appealable. Furthermore, ask yourself if the grounds that you wish to challenge in the NCDRC fall under the jurisdiction of National Commission.
Appealing to NCDRC is not only your legal right, it is your legal remedy in certain cases. The National Commission entertains appeals from certain orders of the State Commission under Section 51 of the Consumer Protection Act, 2019. Appeal should preferably be filed within 30 days from the date of order of State Commission subject to fulfilling the statutory conditions including depositing 50% of the amount awarded by the State Commission (if the appellant is directed to pay money) and extension of time in cases of sufficient cause.
That is why it is important to get a legal opinion from a lawyer early on. BK Singh Advocate can help consumers, service providers, companies, insurers, builders, medical professionals or any party who have received an order from the consumer forum understand whether they can appeal the order and where they can file such appeal.
An adverse order may affect more than what meets the eye of a consumer looking at the compensation amount awarded. It can be an individualâs disputed refund, defective product, delayed property possession, insurance denial or failure of service. Businesses can face substantial financial losses, warnings about future compliance and reputational harm from an order by a consumer forum.
Under Consumer Protection Act, 2019, India has a three-levelled consumer dispute redressal mechanism. At District Level there are District Commissions, at State Level we have State Commission and at the Central Level, the National Commission. It goes without saying that original, appellate and revisional jurisdiction of the National Commission is vested in NCDRC.
Any party litigating consumer law matters not just in NCR but across Delhi, New Delhi, Ghaziabad, Noida, Greater Noida, Gurugram and Faridabad can attest that having to do NCDRC litigation adds in practice everything from coordinating a physical record that resides with the State Commission and managing proceeding held in front of a Judge of NCDRC.
The grounds of course vary depending on the order passed by the State Commission. Typically, a good set of grounds to challenge an order will focus on material issues of law or fact instead of rehashing the original complaint.
Limitation, jurisdiction, maintainability and even the relief you originally prayed for will also have to be looked at by consumers carefully. A company or professional defending against an unfavorable consumer order will have different interests at heart than an individual who received a notice from the consumer forum.
A mistake that I often see is using the NCDRC appeal to file a second complaint. Your reply will lose merit. Focus on why the order you are appealing from is incorrect based on grounds arising from the challenged order.
Typically any case scenario where our clients have had State Commission dismiss their complaint, increase compensation by a minimal amount, pass a damaging direction against them, disallow a principal claim or pass an order based on faulty legal reasoning has sought our legal advice.
Remember Limitation is strictly followed by the appellate tribunal. You have 30 days to file an appeal against an order from State Commission. If you wait around for the opposite party to âadjustâ or discuss informally, you will find yourself in procedural jeopardy.
You may want to speak with BK Singh Advocate when consumers or businesses want an objective assessment of the order made against them, what remedies are available, if limitation has expired, what documents would be needed to challenge the order and what other legal issues are likely to be considered by the NCDRC.
Getting a legal opinion at the onset does not guarantee you will win your appeal. What it allows is for you to ensure the remedy you pursue is legal and drafted properly.
BK Singh Advocate can help you if State Commission has passed an order against you. You have the right to appeal to the National Commission and we can help you exercise your legal right. You need someone to analyze the order from a legal perspective and draft your legal remedy before NCDRC. Allow us to handle your consumer appeal.
This consumer law service is available to consumers living in Delhi NCR and throughout Noida, Ghaziabad, Gurugram, Faridabad or other cities in India. Not only can we help consumers with their appeals, we can help builders, companies, insurers, hospitals/medical professionals, manufacturers and service providers if any of the parties have received an adverse decision from a consumer forum.
For information relating to the National Consumer Disputes Redressal Commission, you may also visit NCDRC Lawyers for relevant consumer law assistance.
It typically involves reading the order passed by State Commission, preparing a memorandum/petition and complying with the necessary rules to file and presenting the dispute to the appropriate Bench of NCDRC.
Appeals are filed along with a copy of the order. Furthermore, all documents relied upon for making any grounds in the appeal should also be filed. The National Commission has various links on their website that allow parties to file documents electronically and other services related to your case.
The opposing party can file a counter and try and defeat your appeal. It will consider your submissions along with what is on record before ordering in accordance with the law.
Yes. As per Section 51, appeals from the orders passed by State Commission are appealable before NCDRC subject to various conditions as otherwise specifically provided therein. This means that every order passed by every State Commission comes within the jurisdictional authority of NCDRC in accordance with the law. The remedy will differ depending on the type of order you wish to challenge and the facts of your case.
Thirty Days. You have 30 days from date of order of State Commission to file an appeal. No extension is granted unless National Consumer Disputes Redressal Commission allows the appeal to be filed and is satisfied that there was sufficient cause for not filing it within that period of thirty days.
Yes. As per Section 51(1), where the appellant is ordered to pay a sum of money by the State Commission no appeal shall be entertained by National Commission unless 50% of the said sum is deposited by the party filing the appeal.
Yes, if that order is passed by State Commission and you meet the requirements of Section 51, you would have the legal recourse to appeal to NCDRC. The grounds of appeal would have to be related to reasons mentioned in their order. Simply copying what you have stated in your complaint is not going to succeed.
Yes. Whether it is a manufacturer suing over defective product, a company providing services,government body or an insurance company. Any party who falls under the NCDRCâs jurisdiction can appeal an order from State Commission if conditions under Section 51 are fulfilled. The appeal you file would be scrutinized against the facts/findings of State Commission.
Appeal and Revision are two different provisions available to consumers. NCDRC clearly distinguishes between Appeals and Revision in its own Handbook. Although both methods are exercised against orders from State Commissions, they have different jurisdictions and powers to hear such applications.
Get the order from State Commission and consumer file from your client. Ask your client to submit all original documents like sale agreement, invoice, proof of payment, communication evidence, photocopies of agreements etc. along with a certified true copy of previous application/plaint filed at state commission.
Neither can the State Commission nor NCDRCâs order granting compensation be overturned by anyone unless there is a specific law that allows you to file such application. The orders can be challenged by way of appeal on grounds that the order is dated, void or court has exercised its power beyond its jurisdiction. The compensation awarded by state commission can be increased/reduced/restored by NCDRC if the grounds of appeal are substantiated.
Section 51 only says that NCDRC has the discretionary power to entertain appeals after 30 days from the date of order. If NCDRC is satisfied that you have sufficient cause for not filing it within the prescribed period. Technically, the answer is yes. Delay can be condoned by NCDRC. But, donât bank on it. Delay is discouraged under every rule of NCDRC and the reason for delay will be judged accordingly.
No. Just because you file an appeal against an order from State Commission it does not automatically mean that the order is âstayedâ till NCDRC decides the merits of your appeal. Please do not assume every appeal automatically stays every order passed by State Commission. You will have to ascertain the procedural laws and request relief from the respective authority that can entertain your application.
Just because you received an order from the State Consumer Commission that you do not like, it does not mean you lost your legal battle. If the order from State Commission is eligible to be appealed from, then Consumer Protection Act, 2019 provides consumers with another forum (NCDRC) to appeal from.
Start by reading the order you received carefully. Read what was ordered by the Judge. More importantly read why your consumer complaint was dismissed, approved or modified. What evidence did the State Consumer Commission believe? What legal issue is being created from the order passed by State Commission? What statutory remedy is provided under the law to appeal against the order.
BK Singh Advocate can help if you are a consumer or business located in Delhi NCR or in any other city in India and would like assistance with determining whether you have the right to appeal a consumer order from the State Commission and if so how to prepare the appeal. We focus on what is in the order and throughout your case file, not what you want the outcome to be. If you or someone you know received an order from State Consumer Commission against you or in favor recently, please contact us for a legal consultation.
Speak directly with Advocate BK Singh at LEGAL365.
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