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ashok kumar (Social Worker)     26 July 2015

Appeal against compensation in consumer forum

Appeal Against Compensation Quantum

In a consumer Case Trial against a mobile Company, the Forum adjudged the product as defective and the mobile company as deficient in providing services. Yet awarded a paltry compensation of Rs 1500/- not even sufficient to pay the advocates fee, leave alone getting anything for the harassment and time of the consumer. The consumer wants to appeal at the higher Forum

Query:

Should the Consumer refuse to accept the cheque of Rs 1500? Or he should accept it under protest?

What happens if the consumer accepts the cheque? Will it imply that he has accepted the verdict of the forum and will loose the right to appeal?



Learning

 2 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 August 2015

As Rs.1500/- is a paltry sum in any case, your appeal will be stronger if you do not accept the cheque. But write to the opposite party by Registered AD the reason for not accepting the cheque and that you are going on appeal.

antriksh sharma (counsel)     07 August 2015

mr.ashok kumar,

although you can return the check ,but you dont need to straight away right the reason for your non acceptence as you will open your cards which is not good ,

as district forums does not have power of review of their order, you have to appeal in state commission,

rest i cant disclose without reading the proper fact and order in the case

regards

n.b. it is not necessacry to return the cheque you only need not to put it for payment,

sorry for spelling ,istakes keyboard not working

 


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