Consumercourt -to make an appeal or not?
mahendrakumar
(Querist) 25 February 2012
This query is : Resolved
in a consumer case,one of my friend has won the case.even though all of his demand including suitable compensation was not genuinely redressed,considering further waste of time and effort,my friend do not want to appeal.
however,if the op make an appeal,can the complainant too get his grievances redressed during appeal,without him filing a separate appeal?
normally,by the time the op makes an appeal,complainant may not be able to make a separate appeal,due to the expiry of time for appeal. suggest suitable steps in this regard.
Raj Kumar Makkad
(Expert) 25 February 2012
In that event your friend may file a counter appeal in response to the appeal of the OP and there is no need to file a separate appeal rather the written reply/counter reply may be filed covering all points.
prabhakar singh
(Expert) 25 February 2012
however,if the op make an appeal,can the complainant too get his grievances redressed during appeal,without him filing a separate appeal?
No is the answer unless complainant files a cross appeal.Even a cross appeal has to be filed with in time prescribed by law.
Raj Kumar Makkad
(Expert) 25 February 2012
Cross appeal can be got filed in the counter affidavit.
PARDEEP KUMAR
(Expert) 26 February 2012
Sir, if a order has been passed in your favour and time to appeal has elapsed, or even still available, just chill, get the order implemented, else you would be wasting time on persual of appeal, besides affording an opportunity to the other party to move an appeal.
J K Agrawal
(Expert) 26 February 2012
In civil matters the respondent has a right to file a cross objection with in 30 days of knowledge of filing appeal by other party. The limitation extends up to next 30 days of first knowledge.
In case of appeal in a Consumer Complaint provisions of CPC not applicable.
So you may file a cross objection with an application to condonation of delay.
dev kapoor
(Expert) 28 February 2012
Hello everybody !
CPA,1986 is a self contained Act & a Special Legislation to CPC.S.13(4) extends only a few provisions of the CPS to be applicable in proceedings before Consumer Forums.S.15 of the prescribes procedure for filing appeal 'by an aggrived person' from the order of the DF.There is entirely no provision in the CPA,1986 for 'counter appeals'.Mr.Agrawal has rightly said 'in civil mastter' the respondent has right to file cross-appeal & yet there is no such provision in CPA.SC & for that matter NC has time & again held that Consumer Fora cannot peep outside the realm of S.13(4),the most recent being 2011(8)SUPREME120.....At the same time assistance can had from the law laid down as under: Providing cross objections at appellate stage cannot be made applicable to the proceedings under the Act, hence cross objections are not maintainable as these were not filed before the District Forum; Arvinder Singh Chawla v. Kullbhushan, 2001 (1) CPR 387.
S friend do not think of appeal/cross-appeal.
dev kapoor
(Expert) 01 March 2012
Hello all there !
I have carefully perused the provision of S.15 CPA & I am of the opinion that although no Cross-appeal lies yet there is no bar for filing an independent appeal as the words in Section " Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission" certain vest a right in the complainant as well if the decision of the Consumer Forum is not as it ought to be under law.In such case State Commission or NC as the case may be,can condone the delay also if convinced that the appellant was impeded by sufficient cause to file appeal within time.The reasons may,among others,"wrong advice of the advocate"The proviso gives ample power to the appellate court to condone delay.It reads ' Provided that the State commission may entertain an appeal after the expiry of the said period of thirty days If it is satisfied that there was sufficient cause for not filing it within that period'
I however regret to be in utter haste to formulate the earlier opinion.
