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Appeal in State Consumer CommissionViews: 1453
Sep 10, 2008 8:13 amAppeal in State Consumer Commission#

Ruchira Gupta
Hi,

I want to know the procedure for filing an appeal in the State Consumer Commission. Also, does the opposite party needs to be served and notified about admission of appeal? If yes, by whom - the appellant or the Commission?

Ruchira

Private Reply to Ruchira Gupta

Sep 25, 2008 3:25 amre: Appeal in State Consumer Commission#

Vijay Nair

Ruchira,

Since you are from Bangalore, I may quote Rule 7 of the Karnataka Consumer Protection Rules, 1988:

Appeal.

7.    (1) Every appeal preferred under the section 15 shall be in the form of a memorandum and be presented by the appellant or his authorised agent to the State Commission in person or be sent by registered post addressed to the Commission.

(2) Every memorandum filed under sub-rule (1) shall set forth concisely under distinct heads, the grounds of appeal and shall be numbered consecutively.

(3) Each memorandum shall be accompanied by a certified copy of the order of the District Forum appealed against and such of the documents as may be required to support the grounds urged in the memorandum.

(4) When the appeal is presented after the expiry of the period of limitation as specified in the Act, the memorandum shall be accompanied by an application  supported by an affidavit setting forth the facts on which the appellant relies to satisfy the State Commission that he has sufficient cause for not preferring the appeal within the period of limitation.

(5) The appellant shall submit four copies of the memorandum to the State Commission for official purposes.

(6) On the date of hearing or any other subsequent date to which hearing may be adjourned, it shall be obligatory for the appel­lant or their authorised agent to appear before the State Commis­sion. If the appellant or his authorised agent fails to appear on such date, the State Commission may, in its discretion, either dismiss the appeal or proceed to dispose it on  the merits of the case. If the respondent or his authorised agent fails to appear on such date, the State Commission shall proceed and shall decide the appeal ex parte on merits of the case.

(7) The appellant shall not, except by leave of the State Commis­sion, urge to be heard in support of any ground of objections not set forth in the memorandum but the State Commission, in deciding the appeal, shall not confine to the grounds of objections set forth in the memorandum or taken by leave of the State Commission under this rule :

Provided that the State Commission shall not rest its decision on any other grounds unless the party who may be affected thereby has been given at least an opportunity of being heard by the State Commission.

(8) State Commission may, on such terms as it may think fit and at any stage adjourn   the  hearing  of  appeal,  but  not  more  than   one   adjournment  shall ordinarily be given and the appeal shall be decided within ninety days of the first date of hearing.

(9) The order of the State Commission on appeal shall be signed and dated by the members of the State Commission constituting  the Bench and shall be communicated to the parties free of charge.

Further, all that the Appellant is required to do, is to submit the requisite number of copies with the State Commission, which in turn serves the non-Appellant.  Of course, if you are seeking an interim order in the Appeal and the non-Appellant is in Caveat, you may have to serve an advance copy to the non-Appellant yourself.  The Registry generally insists on the number of copies commensurate with the number of non-Appellants.  In some states where infrastructure and allocation of funds to consumer courts is much less, for the speedy disposal of your case it is advisable that you assist the registry in getting the non-Appellant served.

 

I hope this satisfies the questions you raised.

 

 

 

 



Vijay Nair, Partner
KNM & Partners, Law Offices
http://www.knm.in/

Private Reply to Vijay Nair

Sep 25, 2008 5:13 amre: re: Appeal in State Consumer Commission#

Ruchira Gupta
Thanks, Vijay, it is very helpful.

Ruchira

Private Reply to Ruchira Gupta

Sep 25, 2008 5:25 pmre: re: re: re: Appeal in State Consumer Commission#

Ritu
I was a bit confused that you yourself being a lawyer how come you asked such a simple question involving a very simple procedure ?? I mean its none of my business but sometimes curiosity gets better of me & makes me say things which I know I'll regret later but its a genuine curiosity none the less.

Private Reply to Ritu

Sep 26, 2008 4:33 amre: re: re: re: re: Appeal in State Consumer Commission#

Ruchira Gupta
To satisfy your curiosity, Ritu, I am more a corporate lawyer having to do very little with court and court procedures. Thats why the querry.

Ruchira

Private Reply to Ruchira Gupta

Sep 26, 2008 5:26 amre: re: re: re: re: re: Appeal in State Consumer Commission#

Ritu
Fair enuff Ruchira...moreover you may ask any question for any reason you please & I've no right to ask why you asked...but to me it looked like a literature professor asking how to spell CAT... I'm in awe of legal brains & their capacity to come out with huge research ...if you get mad at me I shall seek defence on grounds of insanity.

Private Reply to Ritu

Sep 26, 2008 6:12 amre: re: re: re: re: re: re: Appeal in State Consumer Commission#

Ruchira Gupta
On the one hand you respect my right to ask any question i may need info on and in the same breath you raise doubts over my capabilities. Its like every subject having various sub-topics and excelling in one and not very good on another.
It will be a good idea to close the post here and now.

Ruchira

Private Reply to Ruchira Gupta

Sep 26, 2008 6:19 amre: re: re: re: re: re: re: re: Appeal in State Consumer Commission#

Ritu
Woops sorry ...in no way did I mean to raise doubt over your capablities...okay I spoke out of my turn & needlessly ...my apologies for that & as you said I won't speak on this post again.

Private Reply to Ritu

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