Appeal

Querist : Anonymous (Querist) 17 November 2011 This query is : Resolved
The State Commission reversed the verdict in favour of the respondents. The appellant only read the oorder and did not sign or applied for copy. 8 months have passed now the appellant wants to prefer review or 2nd appeal. Is it allowable?

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M.Sheik Mohammed Ali (Expert) 17 November 2011
what is the nature of cases ? depend upon the facts and evidence but not possible.

Kirti Kar Tripathi (Expert) 17 November 2011
you can file appeal in National Commission along with application for condonation of delay

Querist : Anonymous (Querist) 17 November 2011
It is a consumer complaint against the Co. for recovery of NCD money.

Querist : Anonymous (Querist) 17 November 2011
The disoute involves investment of Rs. 50,000 in NCD in year 2003. Going to NC would cost much more and not surre of result becuase the Bombay HC had sanctioned a Scheme of Arrangement.

Raj Kumar Makkad (Expert) 17 November 2011
This is not a valid ground for seeking condonation but you may insert some other ground for condoning delay.

Devajyoti Barman (Expert) 17 November 2011
How come the NCD comes in the picture when the author wish to file Review not appeal.
He have to apply for condonation of delay as well for applying review.

Rajeev Kumar (Expert) 17 November 2011
I do agree with above experts

prabhakar singh (Expert) 18 November 2011
Review shall now in my view would be of no use.
Appeal may be tried for with an application
to condone delay but not for reasons that you did not sign and did not apply for copy then
that is your negligence and does not afford you any ground to condonation of delay.

Raj Kumar Makkad (Expert) 18 November 2011
Appeal filing is not feasible in the given facts.

Querist : Anonymous (Querist) 19 November 2011
Appealing in National Commission woudbe unwise for a small amount of Rs.50,000/-. The Bombay HC passed the order of Scheme of Arrangement applicable in rem. But that was after 1 year of issue of NCD. For the initial one year the Co. had not paid any interest. The State Commission did not respond to this fact in their order reversing the Dist. Forum's order in favour of the investor. Now after long anguished and directionless period the consumer wants to file review. Can he do it in the same State Commission? Can he go to the Gujarat HC under writ petition? What is the best and surest way? Pl. guide.

prabhakar singh (Expert) 22 November 2011
In a litigation thre is no surest way more particularly in facts of your case,the review
is possible but how negligence of complainant
be taken up is hard to anticipate.It is so that lawyers proposes but judges disposes.

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