Appeal to State Commission against District Forum decision

15. Appeal.-Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of thirty days from the date of the order, in such form and manner as may be prescribed:

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.

(Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Forum, shall be entertained by the State Commission unless the appellant has deposited in the prescribed manner fifty per cent of that amount of twenty-five thousand rupees, whichever is less.)

 

COMMENTS

(i) 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.

(ii) the words “sufficient cause”, though deserves to receive a liberal interpretation, yet, a just and equitable balance has to be maintained between the right secured by the respondent as a result of expiry of the prescribed period of limitation and the injustice of depriving the appellant

of a adjudication of his grievances on the merit of his appeal for causes beyond his reasonable control, which means the cause in bona fide and beyond the control of the appellant. Though, no hard and fast line can be drawn as to what affords `sufficient causes’ in a given case, yet, again

as per settled law, any cause which prevents a person from approaching the court within the time is `sufficient cause’. In doing so, it is the test of a reasonable man in normal circumstances which has to be applied; Pradeep Kumar v. Assistant Finance Officer, Delhi Vidhut Board, 2001 (1) CPR 9.

(iii) The appellate fora constituted under the Act should not dismiss the appeal merely on the ground of default of appearance of the appellant but the merits of the case should be considered on the basis of the material available before them and thereafter pass appropriate order in the appeal; General Manager. Telecom v. Jyantilal Hemchand Gandhi, 1993 (III) CPR 155.

(iv) Ordinarily, the appellate Court does not interfere with the compensation awarded unless it is too inadequate or too excessive; Namlada v. Suresh Chandra Mittal, 1993 (I) AIR 631.

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19 Comments

  • manpreet singh says:

    hiii,
    my name is manpreet and i facing problem therefore i m posting my comments here.Actually i am running a firm and somebody sued on my firm 5 years back,but the decision which has come at the end is not satisfactory.the decision came on 08.08.13.Now i want to make an appeal in state forum. Kindly help me to make appeal in consumer court.
    with regards ,
    manpreet

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  • NIRMAL says:

    HELLO SIR,
    MY CASE CC67/2014 AT KANCHEEPURAM,TN, AGAINST TVS APACHE, WHICH WAS REJECTED AFTER 2 YRS FOR LIMITATION, WHERE I REQUESTED THAT I DINT KNOW ABOUT 2YRS. SO HOW TO APPEAL IN THE STATE FORUM, I MEAN CAN I NOW SUBMIT A CONDONE DELAY AND THE DETAILED COMPLAINT OR I HAVE TO JUST SUBMIT WHAT I SUBMITTED IN THE DISTRICT FORUM. PLZ HELP ME AS I HAVE WASTED SO MUCH MONEY HIRING ADVOCATE, HE TOO DIDNT INFORMED ME ABOUT THE LAPSE, SO NOW I HAVE DECIDED TO FIGHT THE CASE MYSELF. KINDLY GUIDE ME OUT.

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  • RAMESH KISANI says:

    Opposite Party lodged Appeal in State Commission challenging Order of Dist Forum, with Application to condone delay of 19 days. After lodging Appeal, O. P. did not remove office objections for more than 45 days. I want to know what is the Time Limit for removal of office objections? In the present case, the delay in filing of Appeal by O.P. / appellant shall be counted as “19” days or “66” days, which is calculated after taking into account the delay of “45” days in removing office objections, which is deliberate attempt by the O.P. to derail / delay the process of speedy disposal of Appeal?

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  • R.P. BHUTANI says:

    I am a senior citizen of 70. I bought a home-loan from Tis Hazari-based branch of SBI long back by pledging my newly allotted DDA flat and have been paying the EMIs regularly. Upon my retirement, I wanted to clear the entire loan in one go, but the bank branch told me that they have lost the documents pledged with them. I stopped paying the EMIs. The branch forcibly recovered their dues by debiting my S.B. A/C with them.
    For return of my documents pledged with the branch, I have run from pillar to post but to no avail. Finally, I filed a complaint with the District Cons. Forum (North) Delhi. The bank engaged a Senior Lawyer and have got the complaint dismissed. I had filed the complaint myself without engaging a lawyer due to financial constraints. The bank has also charged a higher rate of interest than the agreed one. The Cons. Forum has dismissed the complaint in totality.

    Now, I am left with no other choice but to file an appeal in the State Consumer Commission which is beyond my financial reach. The last date for filing the appeal is 27 March, 2017. What should I do?

    R.P. BHUTANI
    B-342, Sector-20,
    NOIDA, U.P.
    Pin: 201301
    Mob.: 9013342442

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  • Satya prakash tiwari says:

    Dear sir
    I want to enquire about that can we deposit postal order of 500 hundred if our claim is below 20 lac and i have to make an appeal in State forum angainst the order of cdrf 2 south distric delhi.

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  • A.K.Mehrotra says:

    Dear Sir,
    Whether State Commission Haryana can pass one sided Stay order against execution order issued by District Consumer forum for attachment of properties of a Builder named Supertech that too without sending any copy of order to the complainant by any means.

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  • i.s.kohli says:

    In year 2014 case was lodged at distt comm but i could not attended the court as i was under treatment of hip joint fracture,judgement given against me in 2017,what to do?

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  • Dear Sir,
    if one district consumer forum dismissed case on the basis of jurisdictions then after how many days consumer can file the case in another district consumer forum.

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  • VIVEK GOEL says:

    sir,
    i am fileing the cc at mirzapur forum.
    but mirzapur forum dismiss the case due to my complaint to commission to mirzapur forum interested and work as a court is opposite party.

    so i am proceed the revision or appeal?

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  • Rabinarayan Patra says:

    Appeal dismissed in state commission for non appearance of my conducting counsel. I was also not informed by neither commission nor my conducting counsel about the date of posting. So please guide me how the appeal can be restored in the state commission as I am unable to approach NCDRC, at Delhi as it is a highly expensive task which I am unable to afford

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  • My case was rejected by district level consumer forum because I was late on the day of hearing due to traffic jam. They said that I can apply in state level, how to do that

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  • Rajender Singh says:

    Sir I want submit appeal in state commission against district forum without any lawyer, is that possible?

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  • shivaram krishnamurthy says:

    I am a senior citizen having retired 7 years back from services. During July 2014, I went through a advertisement of a builder in Bangalore and as discussed mutually, I paid a sum of Rs. 4,29,600/ towards booking of a proposed apartment. However even after 7-8 months he did not start the work and from other members I came to know that the builder had abandoned the project. After much persuasion I obtained a cheque from him for the full amount in May 2016 but it was bounced due to lack of funds. I further filed suit in District consumer Redressal forum during September 2015. After due proceedings I received a favorable orders from the forum directing the builder to return me the full amount with interest. Soon the builder appealed to the State commission and obtained a stay to the Consumer forum’s orders pending the hearing on 24th October 2017, that is today. In the State commission today I came to know that the builder had not paid full deposit amount to obtain the stay and was given one more month to pay the required deposit. Now i seek your advise for the following points.

    1) Can I appeal to the State commission that since the builder obtained the stay without complying to the deposit amount rule, can I submit my representation to revoke the stay order?

    2) How can I pursuade the state commission for the faster proceedings as the builder is buying time deliberately.

    Kindly advise me since I am not in a position to afford a advocate and fighting my case personally since 2 years.

    Thanks & Regards

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  • shivaram krishnamurthy says:

    Sir, the cheque I received was in May 2015 from the builder and not 2016 as wrongly typed. Regret the mistake.

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  • shivaram krishnamurthy says:

    Sir, i have paid Rs.2.00 lakh to a builder by name Dreamz Infa GK represented by it’s MD Disha chaudhary in 2015. She had issued a memorandum of understanding duly notarized on February 2015 assuring that the booked apartment will be completed and delivered within 18 months. Now the whole company and its directors were turned to be frauds and under police scanning for cheating hundreds of investors, I approached the District consumer redressal forum in Bangalore who have admitted the complaint. But now since the forum is not able to locate Disha choudhary and her office being closed in March 2017, not able to serve the notice to her. Now the forum instructed me to locate the address of Disha Choudhary and submit to them so as to enable to serve notice. Kindly advise me the proper way to locate the absconding person and to make her appear before the forum

    Thanks & Regards

    shivaram

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  • Thanks says:

    Whatis the apeal perior to national forum against district forun order?

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  • Rahul Lahiri says:

    Sir, we have a Professional Indemnity Policy for our Hospital with a Nationalised Insurance Company. A consumer case (alleged medical negligence matter) was filed by one patient against the hospital and the treating doctor, before District Consumer Forum in Hyderabad seeking Rs 10 lacs as compensation. The same was intimated to the insurance company alongwith case documents. The matter has now been dismissed in favour of the Hospital by the Lnd. CDF without any costs.

    My query is should we inform the Insurance Company that this case has been dismissed? My doubt is that the complainant may still file an Appeal before the State Consumer Commision within 30 days. Kindly advise me properly.

    Thanks and Regards

    Rahul

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  • G.M.MICHAEL says:

    Dear Sir,
    As a Complainant I filed a suit in a District Forum against an Insurance Company which was awarded in my favour. The Insurance Company filed appeal before the State Commission after depositing the appropriate fee. This appeal was dismissed under the Limitation Act,1963.
    Pls. advise if I would be entitled to Claim the Appeal Money (50%) deposited by the InsuranceCompany in the State Commission.

    Best Wishes
    G.M.MICHAEL

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  • Mahendradan says:

    How much deposit we need to pay

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