Manish 23 June 2015

Time allowed for appeals

I had filed a consumer case in a district consumer commission in the state of Telangana. The judgement has been pronounced in my favour, and it has not been appealed. Since the order has not been complied with, I need to file an execution order. My question is this

Is it possible for the other party to file an appeal even after the period of 30 days. What percentage of appeals are made after the period of 30 days, generally. Someone I was talking with mentioned that the judges will generally allow an appeal even after the period of 30 days. Need some advise here.

Also, since the state commission is not yet appointed in Telangana, what relief is available to the opposite party?

Thanks in advance for any help. I am really distressed here.

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Adv Shrikiran.B (Advocate) 23 June 2015

Dear Manish,

As per the provisions of the Act, any person aggrieved by an order passed by the District Forum may prefer an appeal against such order to the State Commission within a period of 30 days from the date of order. The period of limitation for filing the appeal is to be computed from the date of communication of the order to the aggrieved party. Proviso to Section 15 of the Act provides that the State Commission may entertain an appeal even after the expiry of said period of 30 days if it is satisfied that there was sufficient cause for not filing the same within that period. The procedure for filing the statutory appeal against the orders of the District Forums to the State Commission has been laid down in Rule 8 of the Delhi Consumer Protection Rules, 1987.

The appeal percentage is 60-65 if you take on an average estimate. The State Commission may entertain an appeal even after the expiry of said period of 30 days if it is satisfied that there was sufficient cause for not filing the same within that period.

Though an exclusive state consumer commission for the state of Telanagana is yet not established in Hyderabad, there is already an existing AP State Consumer Commission at Khairatabad, Hyderabad to hear appeals till a separate state consumer commission is established in Hyderabad.

For more clarification, contact me at 9618069453(Hyderabad)

B.Srikiran Advocate