Procedure in first appeal before state consumer commission

When a consumer complaint is dismissed by the District Commission, the aggrieved party can file a first appeal before the State Commission.

The stages typically are:

Filing of Appeal Memo The appellant submits the appeal along with necessary documents, certified copy of the District Commission’s order, and statutory deposit (usually 50% of the amount ordered or ₹35,000, whichever is less, as per Section 41).

Scrutiny by Registry The appeal is checked for compliance with procedural requirements (limitation, fees, deposit, copies, etc.).

 Admission Stage The State Commission examines whether the appeal is maintainable.

If admitted, notice is issued to the respondent. Service of Notice The respondent receives the appeal memo and is called upon to file a written statement/reply.

Respondent’s Written Statement The respondent contests the appeal by filing a reply within the prescribed time. Hearing Both parties present arguments.

 The Commission may allow oral submissions and consider documentary evidence. Final Order The State Commission passes its judgment, which may confirm, modify, or set aside the District Commission’s order. 2. Time Limit for Filing Written Statement by Respondent Relevant Provision: Section 47(1) of the Consumer Protection Act, 2019 (read with procedural rules).

Timeline: The Act itself does not prescribe a rigid period for filing a written statement in appeals. However, by analogy to complaint proceedings (Section 38(2)(a)), the respondent is ordinarily expected to file a reply within 30 days from receipt of notice, extendable by a further 15 days at the discretion of the Commission.

 In appellate proceedings, State Commissions generally follow similar timelines to ensure expeditious disposal, though flexibility exists depending on circumstances. Key Notes Deposit Requirement: Mandatory deposit of 50% of the amount ordered by the District Commission or ₹35,000 (whichever is less) before the appeal is entertained. Limitation for Filing Appeal: Appeal must be filed within 45 days from the date of the District Commission’s order (Section 41). Delay can be condoned if sufficient cause is shown. Written Statement Timeline: While not expressly codified for appeals, practice aligns with the 30 + 15 days framework used in complaint proceedings.

Appeal proceedings are governed by Section 41

Section 47 (Appellate jurisdiction)

State Commission Rules

Principles of natural justice

Generally, State Commissions grant:

30 days for filing reply

With discretion to extend time

There is no rigid statutory outer limit like 45 days applicable to District Commission complaints.