How to File an Appeal Against a Consumer Commission Order Before NCDRC
As the heading suggests, we’ll cover the essentials on challenging orders passed by the State Consumer Commission. An adverse order means just that. You could have been denied a refund; you might have been given less compensation than you are owed. It could even mean that your complaint has been dismissed or a crucial aspect of your claim went unaccepted.
That doesn’t mean you are out of options from the consumer commissions. A person aggrieved by certain types of orders from the State Commission has the option to appeal to the National Consumer Disputes Redressal Commission or “NCDRC” for short.
Can I appeal to NCDRC against the State Commission order?
The ability to appeal and what can be appealed depends on several factors. These remedies depend on the type of order passed, grounds in law, limitation and statutory course available in the facts of your case.
As consumers in Delhi NCR, Noida, Ghaziabad, Gurugram, Faridabad or any other place in India, you should stop asking “Can I file an NCDRC appeal?” Instead you should ask – can the order passed by the State Commission be appealable in a court of law and do the grounds upon which I want to challenge the order lie within the jurisdiction of National Commission.
You have a right to appeal against certain orders of State Commission in the National Commission. Appeal against certain orders of State Commission lies with NCDRC under Section 51 of Consumer Protection Act, 2019. Appeal should preferably be filed within 30 days and subject to following the statutory formalities including payment of 50% of the amount ordered by State Commission (if the appellant is ordered to pay a sum of money) and extension of time for “sufficient cause”.
This is why you should have the legal parameters of any order checked right away. BK Singh Advocate can help consumers, service providers, business companies, insurers, builders, hospitals and even officials who have received an order from the consumer forums check if the order passed is challengeable and if so how to go about appealing the order.
Why does an Unfavourable Consumer Commission Order matter?
If you think an unfavorable consumer forum order only matters because of the compensation amount involved you are wrong. An unfavorable order against you can be an individual’s disputed refund, defective product, delayed possession, insurance claim or denial of service. For Companies and other businesses, the risk can range from financial liability to compliance issues and reputational harm.
Every order that is passed by District, State or National Commission is challengeable in a superior forum subject to the conditions explained above.
The Consumer Protection Act, 2019 has laid down a three level consumer dispute redressal mechanism consisting of District Commissions at District Level, State Commission at the State Level and National Commission at Central Level.
National Commission has the original, appellate and revisional jurisdiction which are delegated to NCDRC. Consumers and businesses who find themselves embroiled in consumer disputes not just in NCR but across Delhi, New Delhi, Ghaziabad, Noida, Greater Noida, Gurugram and Faridabad should be aware that NCDRC hearings can involve practical issues such as:
- Ensuring the record from State Commission travels along with the appeal to NCDRC
- Filing of necessary pleadings and complying with separate procedure during hearings before National Commission.
Feel Dissatisfied with the order? Don’t automatically assume you can appeal
The takeaway from this blog should not be “the State Consumer Commission gave me an order I don’t like, I should file an appeal to NCDRC”. Order, statute, grounds of challenge and relief have to be considered together.
What grounds can be considered to challenge NCDRC?
The grounds of course will vary depending on the order passed by the State Commission. Every Order will have different facts. Usually you would want to have a strong set of challenges targeting one or more points of law or fact. Rehashing your original complaint is unlikely to help your case.
Some common areas of concern that could be raised are whether:
- The Commission applied the incorrect principle of law
- The Commission took note of all the evidence
- The Commission ignored a key submission made
- The relief ordered is supportable in law or
- Where the findings are completely opposite to what the record shows.
Limitation, jurisdiction, maintainability and even the relief you originally prayed for will all have to be looked at by the aggrieved person. A business who has received an unfavorable consumer commission order will have different concerns than a consumer that has had his or her complaint dismissed by the state commission.
A mistake I see clients make is using their NCDRC appeal to file a second complaint. Focus on the errors in the order you are appealing from based on the grounds that arise from the impugned order.
When should you speak to an NCDRC lawyer?
Cases which would generally require legal advice are where;
- State Commission has dismissed your complaint
- State Commission has granted a direction against you
- Granted compensation but by a meager amount
- Passed an order which has iffy legal reasoning
- Disallowed a key claim.
Remember Limitation is Real. Courts will not accept your appeal if it’s beyond the time limit. You have 30 days to file an appeal against an order from State Commission as per Section 51. Limitation can be extended but only if the delay is for “sufficient cause”. Do not wait for the other side to come to you for an informal settlement. You may lose your right to appeal completely based on procedural issues.
You may want to consult BK Singh Advocate if;
- You want a third party opinion on the order challenged.
- You want to know what remedies are available.
- You aren’t sure if your appeal is time barred.
- You are unsure of what documents to submit along with your appeal.
- You want help identifying legal issues that the opposite party will raise.
Please remember that consulting an attorney at the beginning does not guarantee you a positive result. What it does is allow you to ensure the remedy you are pursuing is legal and drafted correctly.
How can NCDRC Lawyers help you?
Got an order from State Commission you want to challenge? You have the right to appeal to National Commission. Allow our lawyers to review your order from a legal perspective and prepare the appropriate remedy to file at NCDRC. We can handle your consumer forum appeal for you.
Our job would include but is not limited to:
- Reviewing the order challenged
- Pointing out grounds with merit
- Going over your consumer dispute file
- Checking limitation
- Checking if deposit is required under the statute and how much
- Drafting of Appeal Pleadings and
- Assisting you during the hearing.
BK Singh can help you determine if you need to file an appeal, revision or any other legal remedy available to you against the order of State Commission. This service is available for consumers located in Delhi NCR, Noida, Ghaziabad, Gurugram, Faridabad and other cities in India. Please note that this service is not limited to consumers only. We accept cases from builders, companies, insurance companies, hospitals, manufacturers, service providers or any party that received an order from the Consumer Forums.
What happens next?
The process in general terms would include:
- Reviewing the order passed by State Commission
- Preparation of memorandum/petition asking for relief and
- Follow the filing procedure and presenting your dispute in front of the appropriate NCDRC Bench.
You file Appeals along with the order. You are also required to list what documents you relied upon while advancing your grounds of appeal. NCDRC has various portals to allow for e-filing of documents and other services related to your case.
The opposite party has every right to oppose your appeal. National commission will hear you out, listen to the other side and review the statements on record before issuing an order in accordance with law.
That is a simplified version of the process. Every case is different and procedure will change depending on the type of order you wish to challenge. Please don’t rely on “How to appeal against State Commission order” searches. Read the order you received and familiarize yourself with the law mentioned above.
NCDRC Appeal FAQs
1. Can we file appeal against state commission order before NCDRC?
Yes. “Every order” of State Commission falling under the monetary pecuniary jurisdiction of NCDRC shall be appealable before National Consumer Disputes Redressal Commission under Section 51, in accordance with law. The remedy would change depending on the type of order you want to challenge from state commission and the facts of your case.
2. How many days we have to file NCDRC appeal?
30 Days. As per Section 51(1), every appeal shall be made to NCDRC within thirty days from the date of the order of the State Commission. No appeal shall be admitted after the expiration of the said period of thirty days unless the National Commission allows such appeal to be filed and is satisfied that there was sufficient cause for not filing it within the said period of thirty days.
3. Do I have to deposit 50% amount while filing NCDRC appeal?
Yes. Section 51(1) states that no appeal shall be entertained by the NCDRC unless the appellant has deposited 50% of the amount of the as ordered by State Commission, if he is required to pay a sum of money by the order.
4. Can we file appeal against dismissal of complaint before NCDRC?
Yes, if that order is passed by State Commission and you meet the statutory requirements. The grounds of appeal in your Application will have to relate to the reasons stated in the order. You can’t simply repeat the grounds you mentioned in your complaint again.
5. Can company file appeal against consumer order before NCDRC?
Yes. If the requirements under Section 51 are fulfilled, anyone can file an appeal. You could be a manufacturer, service provider (Providing Goods/Services), Insurance Company, Company, Builder or any other person who falls under the NCDRC’s jurisdiction.
Remember, the appealing party wants relief from the order of State Commission. The appeal you file would be scrutinized against the facts/findings of State Commission in their order.
6. Can we approach NCDRC against state commission order?
Appeals and Revision are two different statutory remedies. NCDRC distinguishes between Appeals vs. Revision in their own Handbook. Both Appeals and Revision are indeed disputed against orders passed by State Commissions but the jurisdiction to accept those appeals/revision lies in separate statutes.
7. What documents should we submit to NCDRC lawyer?
Get the order from State Commission and the complete consumer case file from your client. Make sure your client gives you all the original documents such as Agreement, invoices, payment evidence, correspondences, proofs etc. along with a copy of previous applications/plaint filed at state commission.
8. Can NCDRC lawyers overturn the compensation ordered by state commission?
Neither the order of State Commission nor NCDRC while granting compensation can be challenged by anyone (except where there is a specific law governing the same). The orders can be challenged through appeals if the order is found to be defective or has exercised its powers beyond its jurisdiction. Yes. NCDRC has the power to increase or decrease the compensation awarded by State Commission. If the grounds of appeal are satisfied, they have the powers to modify or restore the compensation.
9. Can delay be condoned in NCDRC appeal?
Section 51 allows NCDRC to entertain an appeal after 30 days if NCDRC is “satisfied that there was sufficient cause for not filing it within that period”. In short yes, delay can be condoned by NCDRC. But delays are not looked upon too favorably and the reason for delay will be measured against the facts of your case.
10. Does filing an appeal in NCDRC against state commission order stay the order?
No. Simply because you appeal to NCDRC against an order from State Commission it will not STAY that order automatically. Please don’t go by the fact that every appeal as a matter of Right suspends every order passed by State Commission. You have to look at the procedural standings of your order and approach the authority who has powers to grant you such relief.
Just because the State Consumer Commission passed an order you don’t like, it does not mean you cannot pursue legal remedies. The Consumer Protection Act, 2019 provides for applicants to appeal to the NCDRC if certain conditions are met. But these conditions change from order to order and you must be aware of these before proceeding.
Conclusion
Start by reading the order you want to challenge. Understand what the commission decided. Understand why they decided that. What evidence did the commission believe? What legal issue is actually raised by the commission’s order? What statutory remedy can you apply for against the order? You can come to BK Singh Advocate after you have read the order. You will get more out of the consultation that way.
If you are a consumer or business based in Delhi NCR (or any other city in India) that needs help understanding if you can appeal to NCDRC against a State Commission order and if so how to prepare such an appeal we can help. BK Singh will take into account what is on the record both in the order and throughout your case file. We do not make guarantees about the result of your appeal. If you or someone you know received an order from State Consumer Commission against you recently, please don’t hesitate to contact us for legal advice.
As the article discusses different consumer disputes and remedies, relevant services can include real estate consumer cases, insurance claim disputes, and banking and credit card disputes where the facts and statutory requirements make those services relevant.
Where the underlying consumer matter involves medical services, the relevant medical negligence consumer cases service may also be considered. For matters involving the evidentiary record, evidence and affidavits in consumer cases can be relevant to the preparation of the case file.
If the order requires urgent protection while the matter is being considered, interim relief and stay applications may be relevant depending on the facts and available remedy. Similarly, where an order has already been passed and compliance or enforcement becomes the issue, an execution petition for consumer court order may become relevant.
