Consumer protection act- appeal to supreme court
Guest
(Querist) 21 October 2015
This query is : Resolved
If the petitioner looses case in NCDRC then what type of appeal he has to file in Supreme court. For example Review petition, civil appeal, SLP etc
Where can I get supreme court format for caveat filing since the online filing for caveat is still not activated
Where one can contact for legal aid for middle income group persons to defend the case in supreme court
R.K Nanda
(Expert) 22 October 2015
1.file SLP in SC.
2.formats not supplied.
3. contact legal aid cell of SC.
Guest
(Querist) 22 October 2015
Thanks to the experts
R.K Nanda
(Expert) 22 October 2015
ur welcome on LCI. better thank by pressing thank button on expert profile.
Kumar Doab
(Expert) 22 October 2015
Agreed with Mr.Nanda.
Anupam Lahiri
(Expert) 23 October 2015
Dear R K Nanda ji, Why one is to file SLP when Sec 23 of Consumer Protection Act itself confers the right of appeal to the Supreme Court?
The proper procedure is to file one appeal u/s Sec 23 of the Act. The procedural aspect is given in Order XXIV of the Supreme Court Rules, 2013. A Court Fee of Rs. 5000/- is to be paid for the appeal.
The appeal is to be made by filing a petition of appeal. There is no prescribed format for writing the petition. As any appeal in the Supreme Court involves intricate questions of law, it is preferable to approach one Advocate on Record for this purpose.
Dr J C Vashista
(Expert) 24 October 2015
Well advised by expert Mr. Anupam Lahiri, file an appeal u/s 23 of the CPA.
R.K Nanda
(Expert) 24 October 2015
SLP is also an appeal.
Guest
(Querist) 24 October 2015
SLP: This is special power, bestowed upon the Supreme Court of India which is the Apex Court of the country, to grant leave to appeal against any judgment in case any substantial constitutional question of law is involved, or gross injustice has been done.
Since as suggested by Shri Lahiri appeal lies already under ACT section 23 there is no cause of action to go for SLP unless Party looses appeal in supreme court or the case is not admissible in first place. So I will go with Lahiris.
If we go for SLP right away we will be thrown out by Supreme court.
R.K Nanda
(Expert) 24 October 2015
u cannot directly file appeal in SC. file SLP which if admitted is converted later on to appeal.
R.K Nanda
(Expert) 24 October 2015
moreover, anupam lahiri is not advocate and little bookish knowledge is always dangerous.
R.K Nanda
(Expert) 24 October 2015
mr.gupta,
u may go by advice of anupam lahiri as choice is urs.
if you know so much of court practice then why ur asking so many queries on LCI.
Guest
(Querist) 25 October 2015
Thanks Nanada sir for pointing out. It is true we are not having law degree. But we are highly educated professional and by pursuing literature of interest we too can get some idea. Of course we cant match your legal expertise. After both comments, I had taken time and went through some SLP related judgments of supreme court as also Consumer protection act section 23 and found that SLP is a exception jurisdiction power of Higher courts when constitutional points and gross injustice is manifest. I also found that section 23 clearly lays down right to appeal against NCDRC order in supreme court so there is no need to invoke SLP jurisdiction in this case.I have again gone through some case laws after receiving your comment and I am quite confident that Mr lahiri's humble suggestion was not his own opinion but extract form COPA 1986 provisions only.WE all become wiser by healthy discussions irrespective of how much learned we already are. Kindly don't mind comments and cross comments from participating members. If some one is wrong kindly correct it.I Look forward to continued guidance from you in future too.
Guest
(Querist) 25 October 2015
PS>@R K Nanda Sir I have just found another article on supreme court jurisdiction. This seems to support your original suggestion to file SLP .
Because section 23 seem to apply for orders passed by NCDRC in its Supreme Court is empowered to hear and decide two types of Consumer case related Appeals.
The Appeal filed under Sec.23 of the Consumer Protection Act 1986, against the Judgment of the National Consumer Commission, while exercising its original Jurisdiction in hearing a Consumer Complaint filed directly in the National Consumer redressal Commission. Consumer complaints in which claim amount is Rs.1,00,00,000 (One Crore only) or more then the complaint can be filed only in the National consumer Disputes Redressal Commission - New Delhi.
The Special Leave Petition filed under Article 136 of the Constitution of India challenging the order passed by the National Commission, disposing either an Appeal or a revision in which the Judgement of a State Commission was under challenge.
For RP turned down by NCDRC it seems SLP is the route.
Hence I will finally go with you
It was nice to go through so much literature and understand provisions of law.
But one more thing comes to light. Our statute books should be more clear and worded so that a literate person can easily understand what applies to what and can further action to seek assistnce from a lawyer.
Probably our law makers were influenced by typical British Colony era of jurisprudence where citizens were taken for granted and laws were made to serve purpose of those who were rulers or rich stooges of British.
The consumer Act should clearly mention in section 23 that 30 days period for filing appeal is for original jurisdiction cases only. In case of refusal of RP,a SLP may be filed with Supreme court as per discretion of court.It would have made matter completely clear and clean.
Thanks for arousing the legal research
R.K Nanda
(Expert) 25 October 2015
ur welcome on LCI.
Anupam Lahiri
(Expert) 25 October 2015
Thank you Dr Gupta Ji for making a very good research work. By your analysis I have been enlightened more about some finer details regarding appeals from NCDRC.
Meanwhile, I shall consult some more literature and when new facts would come to notice, I shall float the same in the form of an Article.
Thank you once again.
