Appeal to Supreme Court against National Consumer Forum order

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  • #1867

    Anonymous
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    In what manner an appeal is to be filed against the order of the National Consumer Disputes Redressal Commission (NCDRC)? Someone told me that it is to be filed directly to Supreme Court and not to the high court. Also whether it will be SLP or some other appeal, because I asked 2-3 lawyer friends and they were confused about this format of appeal whether SLP or otherwise.

  • #1881

    There is a specific provision in Section 23 of the Consumer Protection Act, 1986, which allows filing of an appeal to the Supreme Court against the order of the National Consumer Disputes Redressal Commission (NCDRC).

    Since there is a specific provision for appeal in the said Act itself, which is thus a regular appeal to the court as a matter of right, there is no need for filing a Special Leave Petition (SLP) to the Supreme Court [under Article 136 of the Constitution] against an order of the NCDRC, which is a discretionary relief.

    Likewise, since there is a provision for appeal to the Supreme Court against order of NCDRC, it would not be possible to appeal to the high court even under its writ jurisdiction under Article 226 of the Constitution in view of the fact once there is an alternative remedy available (in this case, in the form of appeal to the Supreme Court) such discretionary relief of writ petition under Article 226 will not be allowed.

    In view of these reasons, you will have to file a regular appeal to the Supreme Court against the order of the NCDRC. In fact, Order XXIV [Appeals under Section 23 of the Consumer Protection Act, 1986 (68 Of 1986)] of the Supreme Court Rules, 2013, specifically relates to such appeals.

    Section 23 of the Consumer Protection Act is reproduced below:

    23. Appeal.—Any person, aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of Section 21, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order:

    Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period:

    Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited in the prescribed manner fifty per cent of that amount or rupees fifty thousand, whichever is less.”

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

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