I have few questions regarding filling a petition (First Appeal) with National Consumer Dispute Redressal Commission (NCDRC). I'll be obliged for any help / clarification.
The State Dispute Redressal Commission has delivered the final order, on a gross level it is in favour of me, but we think many things have been overlooked in that order and in few specific areas the verdict is not proper. I want to make an appeal to NCDRC. Now with respect to that I would like to get some help with respect to below points.
- The time limitation of submitting an appeal to NCDRC is 30 days. But from when the 30 days are calculated? Is it from the date of pronouncement of order? Or from the date of receipt of copy of the order?
The format specified in NCDRC website (https://ncdrc.nic.in/fa.html) states that
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The date on which the free copy was received from the State Commission.
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Please note that I haven’t yet received the copy of the order from State Commission |
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Date on which a copy of the impugned order was received for the first time, from any source.
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What is meant by from any source? All orders are available in confonet and can be downloaded. So will it take into account the date of availability of order at confonet? |
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The source and the mode of receiving the copy of the impugned order for the first time, from any source.
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Delay if any, computing the period of limitation, from the date a copy of the impugned order was first received from any source.
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The appeal requires submission of “Certified copy of order of State Commission”.
Do I need to file condonation for delay even if I haven't received the order but 30 days have passed from the date of order?
In my case the approximately three (3) months has lapsed from the date of final order but I haven’t yet received a copy of the order from State commission. What should I do now?
- The consumer protection act says that
“required to pay any amount in terms of an order of the State Commission, shall be entertained by the National Commission unless the appellant has deposited in the prescribed manner fifty per cent. of the amount or rupees thirty-five thousand, whichever is less”
As the order was grossly in my favour, I have nothing to pay to OP as per order from State Commission. Does that mean that I don’t have to deposit Statuary Deposits as per Section 19 of the Consumer Protection Act / pay for the First Appeal to NCDRC?
- Does NCDRC accept appeals through Speed Post? Otherwise just to submit the papers one has to travel to New Delhi, and have a significant cost implication.
- As I personally appeared before the State Commission and if possible would like to do so in front of the NCDRC as well, is there any paid service available in New Delhi who takes care of submission of papers before the NCDRC for those who resides in other states of India? That will minimize the cost impact. If so what would be the cost for the same, approximately?
- As I personally appeared before the State Commission and if possible would like to do so in front of the NCDRC as well, is there any professional service available in New Delhi who can verify that the submission before the NCDRC is as per the format and complies all requirement, for those who resides in other states of India? That will minimize the chance of rejection. If so what would be the cost for the same, approximately?
Thanking you for your time reading this post and replying the same to help me.
