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Saikat Banerjee (Chemical & Metallurgical Assistant (Gr-I))     25 August 2021

Appeal to ncdrc

May I request to first go through this post in Lawyersclub India Consumer protection act 2019 - Consumer Protection - Civil Law (lawyersclubindia.com) (https://www.lawyersclubindia.com/forum/details.asp?mod_id=213968&offset=1). The District Forum has allowed the amendment application and enhanced the compensation was enhanced to 40 lakhs. However the opposite party has filed a revision petition in the state forum and the hon'ble state forum has partly allowed that revision petition. The order is that the amended facts are allowed but the prayer to enhance the compensation from 20 lakhs to 40 lakhs is not allowed. Now the matter has to be decided as per pecuniary jurisdiction of the district forum under the old act of 20 Lakhs. I have decided to go to NCDRC. Sir my questions are serially:-

1. What am I suppose to file in NCDRC challenging the order of state forum in revision petition. Is it first appeal or revision petition ?

2. Whether appeal has to be filed under under Section 21a of 1986 act or has to be filed under corresponding section of new act of 2019 ?

3. At this instance that original case was filed in district commission under old act of 1986. However the revision petition was filed under section 47 of of the new act of 2019 by opposite party. Now law says that right to appeal is substantive law and accrues on the very day a litigant joins a litigation maybe as complainant or as respondent. The new law of 2019 is prospective in nature. Based on this since the right to appeal has accrued to the opposite party under the old act of 1986 so revision petition also has to be filed under the old act of 1986 and not under the new act of 2019. Is this proposition true ?



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