To help you navigate this detailed article, we've structured the information into clear sections. Below is the Table of Contents, outlining the topics covered, from understanding what a First Appeal entails to the final hearing stages.

1       What is a First Appeal to the Hon'ble NCDRC?

A First Appeal to the Hon'ble National Consumer Disputes Redressal Commission (NCDRC) is a legal recourse available to a person aggrieved by specific orders passed by a Hon'ble State Consumer Disputes Redressal Commission (State Commission) in its original jurisdiction.

1.1     Relevant Legal Provisions

The primary legal framework governing First Appeals to the Hon'ble NCDRC is found in the Consumer Protection Act, 2019 (hereinafter referred to as the Act). Key sections include:

1. Section 51(1) of the Act empowers the Hon'ble NCDRC to entertain a FIRST APPEAL against the Hon'ble State Consumer Commission’s order made under sub-sections 47(1)(a) (i) or 47(1)(a) (ii).
2. Sub-section 51(5) of the Act 2019 allows the Hon'ble NCDRC to hear the appeal against an order passed ex parte by the Hon'ble State Consumer Commission.
3. Section 58(1)(a)(iii) of the Act specifies that the Hon'ble National Commission shall have jurisdiction to entertain appeals against the orders of any State Commission.
4. As per the National Consumer Disputes Redressal Commission (Procedure) Regulations, 2020, Regulation 8, an appeal is referred to as First Appeal or F.A.

1.2     Scenario: Against Which State Commission Orders?

A First Appeal can be filed before the Hon'ble NCDRC when the Hon'ble State Commission has decided on a complaint:

1. Concerning the goods or services where the consideration paid was beyond Rupees Fifty Lakhs and up to Rupees Two Crores. This pertains to orders passed by the Hon'ble State Commission under Section 47(1)(a)(i) of the Act.
2. against unfair contracts, where the consideration paid does not exceed ten crore rupees. This relates to orders passed by the Hon'ble State Commission under Section 47(1)(a)(ii) of the Act.

1.3     Grounds for Appeal

The aggrieved person can raise grounds both on facts and laws to challenge the Hon'ble State Consumer Commission’s order under the First Appeal Proceedings. This means the appellant can dispute the Hon'ble State Commission's findings on factual matters as well as its application or interpretation of legal provisions.

2       Crucial Pre-requisite: Statutory Deposit

2.1     The 50% Mandate

A critical requirement for filing a First Appeal before the Hon'ble NCDRC, if the Hon'ble State Commission's order directs the appellant to pay an amount, is the pre-deposit of a portion of that amount.

1. The second proviso to Section 51(1) of the Act states: no appeal by a person, who is 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 fifty per cent. of that amount in the manner as may be prescribed.
2. The Appellant has to pay fifty per cent of the amount (which the State Commission has ordered against the Appellant in its final order in the Consumer Complaint) at the time of filing the memorandum of appeal against the Hon'ble State Commission's order.
3. If fifty per cent of the amount is not paid, the Hon'ble NCDRC may not even entertain the appeal.

2.2     Manner of Deposit

The Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020 (hereinafter referred to as CDRC Rules, 2020) specify the method for this deposit.

1. Rule 13 of the CDRC Rules, 2020 states: Where an appeal is filed under section 51, the amount to be deposited by the appellant as provided in the second proviso to the said section shall be remitted in the form of a crossed Demand Draft drawn on a nationalised bank in favour of the Registrar, National Commission, payable at New Delhi.

2.3     Calculation Sheet

It is mandatory to include a Calculation sheet of 50% amount award by State Commission as part of the documentation when filing the appeal, if applicable.

3       Timeline for Filing First Appeal

There is a strict timeline for filing a First Appeal.

1. Section 51(1) of the Act provides that an appeal may be preferred within a period of thirty days from the date of the order. In other words, the First Appeal must be filed within a period of thirty days from the date of receipt of free certified copy of the order passed by the State Commission.
2. It is crucial to note that Whether it is a first appeal, second appeal, Appeal Execution, Appeal under section 73 or CCPA Appeal, the appellant has 30 days from the date of receipt of the order to file the appeal before the Hon'ble NCDRC.

3.1     Condonation of Delay

If the appeal cannot be filed within the 30-day period, there is a provision for seeking an extension.

1. The first proviso to Section 51(1) of the Act states: Provided that the National Commission shall not entertain the appeal after the expiry of the said period of thirty days unless it is satisfied that there was sufficient cause for not filing it within that period.
2. The appellant is required to file an application seeking condonation of delay for the number of days beyond the expiry of the thirty days, if the appellant failed to file the appeal within the statutory timelines of 30 days.
3. Rule 14(4) of the CDRC Rules, 2020 mandates: When the appeal is presented after the expiry of the period of limitation as specified in section 51, the memorandum shall be accompanied by an application supported by an affidavit setting forth the facts on which the appellant relies upon to satisfy the National Commission that he has sufficient cause for not preferring the appeal within the period of limitation.
4. This application for condonation of delay must be filed along with a notarised affidavit.

4       Essential Documentation for Filing NCDRC First Appeal

Proper documentation is paramount for the successful listing and admission of a First Appeal before the Hon'ble NCDRC. The following is a comprehensive list of mandatory documents for a First Appeal:

1.    Index [Detailed index] with running page Nos.

2.    Proforma for Filing First Appeal. (A specimen copy is usually provided by the NCDRC or can be found in legal guides)

3.    Notarised Affidavit in support of pleadings filed before State Commission.

4.    Synopsis with List of Dates and Events.

5.    Memo of Parties (with complete addresses, mobile no., telephone no. & email ids of both the parties as well as the Counsel).

6.    First Appeal with Notarised affidavit.

7.    Certified copy of order of State Commission. (If not available, an application seeking exemption from filing the certified copy may be needed )

8.    Annexures:

·              Copy of Complaint.

·              Reply.

·              Rejoinder.

·              Evidence.

·              Pleadings.

·              Calculation sheet of 50% amount award by State Commission.

·              (All documents/annexures filed in State Commission and other documents relied on by both parties must be attested as ‘True Copy’ on the last page with name & signature).

o   Applications (IA), if any: such as Application for Stay with Notarised affidavit, Application for condonation of delay with Notarised affidavit, if beyond limitation. Applications, if any (other) with Notarised affidavit. (e.g., exemption from filing translation ).

9.    Vakalatnama

10.                  Statutory Deposit: Demand Draft as per Section 51 of the Act.

5       Step-by-Step Procedure for Filing and Hearing

The process of a First Appeal before the Hon'ble NCDRC involves several stages.

5.1     Presentation of Appeal Memorandum

1. Rule 14(1) of the CDRC Rules, 2020: A Memorandum shall be presented by the appellant or his authorised agent to the National Commission in person or sent by registered post addressed to the National Commission.
2. Rule 14(2) of the CDRC Rules, 2020: Every memorandum filed under sub-rule (1) shall preferably be typed, or be in legible handwriting, and shall set forth concisely under distinct heads, the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively.
3. Rule 14(3) of the CDRC Rules, 2020: The memorandum shall be accompanied by a crossed Demand Draft as specified in rule 13, a certified copy of the order of the State Commission appealed against and such of the documents as may be required to support grounds of appeal mentioned in the memorandum.

5.2     Scrutiny by Registry and Defect Removal

1. As per Regulation 9(1) of the National Consumer Disputes Redressal Commission (Procedure) Regulations, 2020, each complaint, appeal or revision petition on its filing shall be scrutinised by the Registrar and shall be numbered by him.
2. Regulation 9(2) further states, If there is any defect in filing of the complaint, appeal or revision petition, the particulars of such defects shall be recorded and the party or his agents shall be informed of such defects for removal of such defects within fifteen days.

5.3     Admission Stage

1. The first step for the petitioner is to list the Appeal before the NCDRC bench and have it admitted.
2. Once the matter is taken up, the NCDRC bench will primarily look for mandatory requirements and any delay in filing the Appeal. For a First Appeal, the focus will be on jurisdiction, limitation, and pre-deposit.
3. Without addressing the merits of the case, the Hon'ble NCDRC admits the appeal once the appellant addresses all the mandatory requirements.
4. A notice is issued to the respondents. If the Appeal is filed beyond the 30-day timeline, a notice may also be issued regarding the application seeking condonation of delay.

5.4     Service of Notice to Respondents

The petitioner is required to serve the notice, along with a copy of the Appeal and any applications filed with it, to all respondents. Service can be through speed post or dasti (service by hand by the appellant).

5.5     Interim Applications (Optional)

If the petitioner has filed any interim applications—such as an application for a stay of the State Consumer Commission’s order, an application seeking condonation of delay, or an application for early hearing — the arguments for these applications may be heard before the final disposal of the Appeal.

5.6     Final Hearing Stage

1. Once pleadings are complete and the respondents have appeared, or if it is decided that one or more respondents will proceed ex-parte, the NCDRC bench will list the Appeal for final hearing. Pleadings involve the appeal memo, reply from the respondent (usually within 2-3 weeks of notice), and rejoinder by the appellant (usually within 2-3 weeks of reply).
2. As a general practice, the NCDRC directs the parties to file a brief synopsis and any judgments they intend to rely on before the final hearing is scheduled. Written submissions may also be required.
3. Rule 14(7) of the CDRC Rules, 2020 allows the appellant to argue grounds not set forth in the memorandum only with the leave of the Hon'ble National Commission, and the Hon'ble Commission is not confined to the grounds in the memorandum but must give the affected party an opportunity to be heard on any new grounds.
4. Adjournments are ordinarily not granted unless sufficient cause is shown and reasons are recorded in writing.
5. Once the matter is heard, the Appeal will be disposed of.

5.7     Expected Time for Disposal

1. Section 52 of the Act and Rule 14(8) of the CDRC Rules, 2020 mandate that the appeal shall be heard as expeditiously as possible and every endeavour shall be made to dispose of the appeal within a period of ninety days from the date of its admission.
2. However, though the statutory mandate for the Hon'ble NCDRC is to dispose the Appeal within 90 days from the date of admission of the Appeal, typically it takes 1 to 2 years’ time in disposing the Appeal.
3. If the appeal is disposed of after the specified 90-day period, the Hon'ble National Commission shall record reasons in writing for the same.

6       Important Considerations

6.1     Appeals against Ex-parte Orders of Hon'ble State Commission

As mentioned earlier, Section 51(5) of the Act explicitly allows for an appeal to be filed before the Hon'ble NCDRC from an order passed ex-parte by the Hon'ble State Commission.

6.2     No First Appeal against Interim Orders

It is crucial to understand that a First Appeal under Section 51(1) is generally against final orders of the Hon'ble State Commission passed in its original jurisdiction.

A first appeal cannot be filed against interim orders of the State Consumer Commission. So, if you are aggrieved by such an order, filing a revision petition is your available legal remedy.

7       Conclusion

Filing a First Appeal before the Hon'ble NCDRC requires meticulous attention to legal provisions, procedural rules, timelines, and documentation. Ensuring compliance with the pre-deposit mandate is critical. While the Act aims for speedy disposal, appellants should be prepared for a potentially lengthy process. Understanding these nuances is key to effectively presenting one's case before the Hon'ble National Commission. Aggrieved parties must carefully evaluate the Hon'ble State Commission's order and ensure all procedural and substantive requirements are met before approaching the Hon'ble NCDRC