How to File a Con­sumer Com­plaint with­out an Ad­vo­cate

Guide­lines to fil­ing an ap­peal, un­der the Con­sumer Pro­tec­tion Act, 1986

Accommodation Times - - Front Page - By Le­gal Cell

If the ap­pel­lant wants to ap­peal against the or­der of the Na­tional Com­mis­sion to the SC of In­dia and he is the party who had to pay com­pen­sa­tion as per the Na­tional Com­mis­sion’s or­der, then his ap­peal will be en­ter­tained by the SC only if he de­posits in the pre­scribed man­ner 50 per­cent of that amount or Rs. 50,000/-,

which­ever is less.

So far he Gov­ern­ment has not pre­scribed any statu­tory form in which an ap­peal is to be filed un­der the Con­sumer Pro­tec­tionAct, (CPA) 1986. How­ever, it is nec­es­sary to keep the fol­low­ing points in view while draft­ing an ap­peal. Other rel­e­vant in­for­ma­tion such as the full name and com­plete ad­dress of the ap­pel­lant and the re­spon­dent should also be in­cluded. (1) An ap­peal ca be pre­ferred against the or­der of the dis­trict fo­rum to the state com­mis­sion; from the sate com­mis­sion to he na­tional com­mis­sion and from the na­tional com­mis­sion to the Supreme Court. The CPA men­tions that the ap­peals should be filed within 30 days of the date of the or­der. In my view, the cor­rect in­ter­pre­ta­tion of this is within 30 days of the com­mu­ni­ca­tion of the or­der be­cause sev­eral days may pass be­tween the pass­ing of the or­der and the ac­tual re­ceipt. For ev­ery or­der to be ef­fec­tive, it has to be com­mu­ni­cated. The date on which the or­der of the dis­trict­fo­rum / state com­mis­sion / na­tional com­mis­sion has been com­mu­ni­cated should be noted by the per­son who re­ceives it. (2) An ap­peal may be en­ter­tained after the ex­piry of the said pe­riod of 30 days if the ap­pel­lant shows that there was suf­fi­cient cause for the de­lay in the fil­ing of he ap­peal. In such cases, an ap­pli­ca­tion for the con­do­na­tion of de­lay must be made along with the ap­peal and sup­ported by an af­fi­davit set­ting out ad­e­quate rea­sons for the de­lay and ac­com­pa­nied by nec­es­sary ev­i­dence. (3) If the ap­pli­cant has to pay any com­pen­sa­tion as per the or­der of the Dis­trict Fo­rum, then the State Com­mis­sion will en­ter­tain the ap­peal only if the ap­pel­lant de­posits 50 per­cent of that amount or Rs. 25,000/which­ever is less with it. If a per­son wants to ap­peal against the or­der of the State Com­mis­sion to the Na­tional Com­mis­sion and he is the party who has to pay the com­pen­sa­tion, then the ap­pel­lant will have to de­posit 50 per­cent of the amount or Rs. 35,000/-, which­ever is less with the Na­tional Com­mis­sion. If the ap­pel­lant wants to ap­peal against the or­der of the Na­tional Com­mis­sion to the Supreme Court of In­dia and he is the party who had to pay com­pen­sa­tion as per the Na­tional Com­mis­sion’s or­der, then his ap­peal will be en­ter­tained by the Supreme Court only if he de­posits in the pre­scribed man­ner 50 per­cent of that amount or Rs. 50,000/-, which­ever is less. (4) The ap­pel­lant must en­close the orig­i­nal copy of the or­der against which an ap­peal is made along with the main set of the ap­peal. In the ad­di­tional copies of the ap­peal. The pe­ti­tion of ap­peal should also be ac­com­pa­nied by such other doc­u­ments which an ap­pel­lant would re­quire to support his grounds of ob­jec­tion men­tioned in the ap­peal. (5) While fil­ing an ap­peal, a mem­o­ran­dum of grounds has to be set out. The ap­peal pe­ti­tion should be pre­sented in a pa­per­book form typed on one side of the pa­per with dou­ble spac­ing. The grounds of ap­peal should be set forth con­cisely un­der dis­tinct heads which should be num­bered con­sec­u­tively. Give an in­dex of the doc­u­ments at­tached to the pe­ti­tion on the first page and pag­ing should be done to all pa­pers filed. (6) The ap­peal can be sent in English, Hindi or in the re­gional lan­guage of the State. How­ever, if the ap­peal is made to the Na­tional Com­mis­sion or to the Supreme Court, then it is bet­ter to make it in English. Also, if the ad­dress of the op­po­site party falls in another state of union ter­ri­tory, then it is bet­ter to make the ap­peal in English. (7) The ap­peal should be signed by the ap­pel­lant. In case somebody else has been au­tho­rised to ap­peal on the be­half of the ap­pel­lant, then he shall en­close the au­thor­ity of the ap­peal in this be­half. The per­son hav­ing an au­thor­ity in this be­half may sign it and in­di­cate the rea­sons as to why the ap­pel­lant him­self is not able to sign the ap­peal. As for ex­am­ple when the ap­pel­lant is out of In­dia. (8) Send four sets of the ap­peal pe­ti­tion and the ac­com­pa­ny­ing pa­pers when mak­ing an ap­peal to the State com­mis­sion; six sets of the ap­peal pa­pers in­clud­ing the ad­di­tional doc­u­ments when ap­peal­ing to the Na­tional Com­mis­sion and seven sets of the ap­peal pa­pers along with the doc­u­ments if the ap­peal is to be filed in the Supreme Court. The num­ber of copies should be in­creased cor­re­spond­ingly in case there is more than one op­po­site party. (9) Is there any stip­u­lated pe­riod within which an ap­peal should be de­cided un­der the CPA? The CPA does not stip­u­late a time limit for the dis­posal of an ap­peal by a con­sumer court. How­ever, the rules framed un­der the CPA men­tion the time within which an ap­peal should be de­cided. Rules framed by dif­fer­ent State Gov­ern­ments lay down dif­fer­ent time lim­its it is gen­er­ally 90 days from he date of the first hear­ing. Note :- (i) No court fee is payable for fil­ing an ap­peal in the State Com­mis­sion or the Na­tional Com­mis­sion. How­ever, while fil­ing an ap­peal from the Na­tional Com­mis­sion to the Supreme Court, there is a court fee of Rs. 250/-. (ii) Ap­peal pa­pers can be sent by Regis­tered A.D. Post. (iii) One can one­self rep­re­sent the case at the time of har­ing or if he so chooses he can au­tho­rize another per­son ei­ther an ad­vo­cate or any other per­son by giv­ing such a per­son the nec­es­sary au­thor­ity. (iv) In maters where the ju­ris­dic­tion is not prop­erly ex­er­cised by the Dis­trict Fo­rum or the State Com­mis­sion or in the event of one not be­ing able to file an ap­peal within the lim­i­ta­tion pe­riod or with a re­quest for con­do­na­tion of de­lay, then one can file a re­vi­sion pe­ti­tion un­der the CPA against the or­der of the Dis­trict Fo­rum to the State Com­mis­sion to the Na­tional Com­mis­sion. There is not lim­i­ta­tion pe­riod for fil­ing a re­vi­sion pe­ti­tion un­der the CPA but it ap­pears that such a re­vi­sion pe­ti­tion can be filed within 90 days. Draft­ing a will is an area where a lit­tle knowl­edge can be a dan­ger­ous thing. Con­sider as an il­lus­tra­tion of a cou­ple whom we will name Paul and Mary. They wanted to leave all their be­long­ings equally to their three daugh­ters. Since their daugh­ter Sarah was liv­ing next door to them, they de­cided to add her name to their own, jointly tit­tling their as­sets. This way they thought, “Sarah will be able to man­age our as­sets if we be­come dis­abled. Ad­di­tion­ally, jointly ti­tling ev­ery­thing with Sarah means she will be the sole owner

Fil­ing a Com­plaint

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