Review Petitions
Thyagarajan
(Querist) 22 June 2011
This query is : Resolved
Dear Members,
Will any of members advise me the procedure
followed in filing of a review petition against order of a State Commission in NCDR Commission?Is personal appearance of parties concerned a must before the registrar of NCDRC or an agent other than the parties can file the signed complaint of the the complainants?
prabhakar singh
(Expert) 23 June 2011
21. Jurisdiction of the National Commission. — Subject to the other provisions of this Act, the National Commission shall have jurisdiction—
(a) to entertain—
(i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees one crore; and
(ii) appeals against the orders of any State Commission; and
(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.
the above is the laW.
Jitendar Kumar gupta
(Expert) 23 June 2011
you have to file appeal to the National commission in Delhi. for that you have to send appeal in the commission's office by post. there is no need of the presence of the petitioner in the commission during the proceedings.
J.K.Gupta Adv.
New Delhi
9868529732
Thyagarajan
(Querist) 23 June 2011
Dear Jitendar,
Thanks for yr reply.
I have come to know about the number of copies of petition and what documents are expected to be filed.It is as follows
Revision Petition (RP) – 21(b)
1. Index
2. List of Dates
3. Memo of Parties
4. Revision Petition with affidavit
5.Stay Application with affidavit, if required
6.Limitation, if any (Within 90 days of the receipt of the order)
7.Certified copy of order of State Commission
8.Copy of order of District Forum
9.Supporting documents in favour of RP
But the rule 22 says the proceedure for conducting the case will be as adopted under rule 12,13,14 of the rule for district forum which requires physical appearance of the petitioner and the opp.parties. Also there is provision for admission hearing.
If the complaint I send by post do not carry the apers needed will NCDRC return the same by post to me?
You must be aware of proceedure because you are in Delhi. I am in Madras. I intend filing appeal against order of Tamilmadu Commission.I was appearing in Dist/State forums in person. My question was whether I should come to Delhi as I have not engaged a lawyer. My email is thyagarajan.ramachandran06@gmail.com and mobile is 9840238200.
I wish you become my friend and leave yr email address. With you arround in Delhi I can win my case
Regards
