How Does One Appeal a Decision Made by a State Consumer Commission?

If a consumer or the opposite party is dissatisfied with the decision made by a State Consumer Commission, they have the right to file an appeal to the National Consumer Disputes Redressal Commission (NCDRC), which is the apex body for consumer disputes. Below is the step-by-step procedure for appealing a decision made by a State Commission:

1. Review the State Commission’s Decision

• Analyze the Judgment: Before proceeding with an appeal, carefully review the State Consumer Commission's decision. Understand the reasons for the decision, including whether the claim was dismissed or the relief awarded was unsatisfactory.
• Grounds for Appeal: The appeal can be made on specific grounds, such as:
  • Incorrect interpretation of facts
  • Legal errors or misapplication of laws
  • Deficiency in the proceedings of the State Commission
  • Inadequate compensation or an unsatisfactory remedy

2. File the Appeal with NCDRC

• Jurisdiction: The National Consumer Disputes Redressal Commission (NCDRC) hears appeals against orders passed by State Consumer Commissions for cases where the claim amount exceeds ₹1 crore. For cases where the claim is between ₹20 lakh and ₹1 crore, the appeal would also be heard by the NCDRC.
• Time Limit for Filing an Appeal: An appeal must be filed within 30 days from the date of the State Consumer Commission’s order. If you miss this deadline, you may apply for an extension, but it must be justified, and the NCDRC may or may not accept the delayed appeal.

3. Prepare the Appeal Petition

The appeal petition should contain the following details:

• Full Details of the Parties: Name, address, and contact details of both the appellant (the one filing the appeal) and the opposite party.
• Order or Judgment Being Appealed: A clear reference to the decision or order of the State Consumer Commission being appealed.
• Grounds of Appeal: The reasons why the appellant believes the decision should be set aside or modified. These could include legal, factual, or procedural errors.
• Relief Sought: Clearly state what relief or remedy the appellant is requesting (e.g., a higher compensation amount, a new hearing, or a revised decision).
• Supporting Documents: Attach copies of:
  • The State Commission’s order
  • Copies of the complaint, evidence, and documents submitted to the State Commission.
  • Any additional documents that support the grounds of the appeal (e.g., fresh evidence, medical reports, expert opinions).

4. Submit the Appeal to NCDRC

• Filing Fee: Pay the filing fee prescribed by the NCDRC for filing the appeal. The fee varies based on the value of the claim.
• Submission Process:
  • The appeal can be filed either online or in-person at the NCDRC. If filing in person, the appeal petition should be submitted to the NCDRC office in New Delhi, along with all relevant documents.
  • If filing online, go to the official NCDRC website and follow the steps to submit your appeal electronically.

5. Acknowledgment of Appeal

Once the appeal is filed, the NCDRC will provide an acknowledgment of the appeal. This acknowledgment includes a unique appeal number and the date of the next hearing.

6. NCDRC Hearing and Procedure

• Notice to Opposite Party: After the appeal is filed, the NCDRC will send a notice to the opposite party, informing them about the appeal and the scheduled hearing.
• Hearing Process: Both parties (the appellant and the opposite party) will present their arguments before the bench of the NCDRC, which consists of judges and members appointed to hear consumer disputes.
  • Arguments and Evidence: Each party will have the opportunity to present evidence, including documents, photographs, or expert reports, to support their case.
  • The NCDRC may also call for further evidence or documents if required.

7. Judgment by NCDRC

After hearing both parties, the NCDRC will deliver its judgment. The NCDRC may:

• Uphold the State Commission’s decision.
• Modify the decision (e.g., increase the compensation or change the remedy).
• Set aside the State Commission’s decision and order a fresh trial or hearing.

8. Further Legal Recourse

If either party is dissatisfied with the NCDRC’s decision, they may approach the Supreme Court of India for a further appeal, but this is only possible if the value of the claim is above ₹1 crore.

Example of Appeal Process:

1. Initial Decision: A consumer files a complaint in the State Consumer Commission seeking ₹50 lakh in compensation for a defective product. The State Commission awards ₹30 lakh as compensation.
2. Grounds for Appeal: The consumer is unhappy with the decision, arguing that the compensation awarded is insufficient and does not cover the full financial loss incurred.
3. Appeal Filing: The consumer files an appeal with the NCDRC within 30 days, presenting arguments that the State Commission erred in its assessment of the damages.
4. NCDRC Decision: After hearing both sides, the NCDRC may either uphold the decision, increase the compensation, or remand the case back to the State Commission for reconsideration.

Key Takeaways:

• Time Limit: An appeal must be filed within 30 days of the State Consumer Commission’s decision.
• NCDRC Jurisdiction: The NCDRC hears appeals for cases where the claim amount exceeds ₹1 crore or cases from State Commissions involving appeals with claims above ₹20 lakh but less than ₹1 crore.
• Process: Prepare an appeal petition, submit it with the required documents, and pay the filing fee. After submission, a hearing will be scheduled where both parties can present their case.
• Judgment: The NCDRC may modify, set aside, or uphold the State Commission’s order.

By following these steps, consumers can ensure that their appeals are properly filed and heard at the NCDRC, seeking justice and appropriate redressal for their grievances.