Master Process to file an Appeal against CCPA Order Before NCDRC

Further, to help you navigate this comprehensive article with ease, we have provided a Table of Contents below. Use it to jump directly to the sections that are most relevant to your interests or to get a quick overview of the topics discussed.

TABLE OF CONTENTS

1           Statutory Right to Appeal Against CCPA Order under Section 24

The CPA 2019 explicitly grants the right to appeal against specific orders of the CCPA. Section 24 of the Act states: "A person aggrieved by any order passed by the Central Authority under sections 20 and 21 may file an appeal to the National Commission within a period of thirty days from the date of receipt of such order."

This section is the cornerstone for appeals against CCPA directives. It empowers individuals or entities who feel wronged by orders related to the recall of goods, withdrawal of services (under Section 20 ), or directions and penalties against false or misleading advertisements (under Section 21 ) to file an appeal against such orders before the Hon’ble NCDRC. The appeal must be lodged promptly, specifically within thirty days of receiving the CCPA’s order.

The Hon’ble NCDRC is vested with the jurisdiction to hear these appeals as per Section 58(1)(a)(iv) of the CPA 2019, which states the Hon’ble National Commission shall have jurisdiction to entertain "appeals against the orders of the Central Authority". This means the Hon’ble NCDRC will act as the first appellate body for matters falling under Sections 20 and 21 of the CPA 2019, as decided by the CCPA.

From the CCPA’s perspective, Section 24 signifies that its orders concerning product recall, service withdrawal, and misleading advertisements are subject to appeal. This necessitates that the CCPA conducts its investigations and issues orders with due diligence, ensuring they are well-reasoned, evidence-based, and in accordance with the principles of natural justice, as these orders can be challenged before the Hon’ble NCDRC. The CCPA would need to defend its orders during such appeals.

2           Who Can File an Appeal against CCPA Order?

Section 24 of the CPA 2019 uses the term "A person aggrieved".

Explanation: The term "person" is defined broadly under Section 2(31) of the CPA 2019 and includes:

• "an individual;"
• "a firm whether registered or not;"
• "a Hindu undivided family;"
• "a co-operative society;"
• "an association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not;"
• "any corporation, company or a body of individuals whether incorporated or not;"
• "any artificial juridical person, not falling within any of the preceding sub-clauses;"

Therefore, any of these entities, if they are "aggrieved" by an order of the CCPA under Sections 20 or 21, can file an appeal before the Hon’ble NCDRC. An "aggrieved person" is generally understood as someone whose legal rights have been infringed or who has suffered a legal grievance due to the order passed.

Importance for Complainant (Aggrieved Person) side: This broad definition ensures that not just individuals but also businesses, manufacturers, advertisers, endorsers, or publishers who are subject to CCPA orders under Sections 20 or 21 can seek redressal from the Hon’ble NCDRC if they feel the order is unjust.

3           Specific CCPA Orders That Can Be Appealed (Sections 20 and 21)

As explicitly stated in Section 24, appeals to the Hon’ble NCDRC can be filed against orders passed by the Central Authority under Sections 20 and 21 of the CPA 2019.

4           Section 20: Power of Central Authority to recall goods, etc.

Under this section, if the CCPA is satisfied after an investigation that there’s a violation of consumer rights or unfair trade practice, it can pass orders including:

1. "recalling of goods or withdrawal of services which are dangerous, hazardous or unsafe;"
2. "reimbursement of the prices of goods or services so recalled to purchasers of such goods or services;"
3. "discontinuation of practices which are unfair and prejudicial to consumers’ interest:" The CCPA must give the person an opportunity of being heard before passing such an order.

Section 21: Power of Central Authority to issue directions and penalties against false or misleading advertisements. Under this section, if the CCPA, after investigation, is satisfied that an advertisement is false or misleading and harms consumer interests or rights, it may:

1. "issue directions to the concerned trader or manufacturer or endorser or advertiser or publisher, as the case may be, to discontinue such advertisement or to modify the same".
2. Impose on a manufacturer or endorser a penalty up to ten lakh rupees for the first contravention, and up to fifty lakh rupees for subsequent contraventions.
3. Prohibit the endorser of a false or misleading advertisement from making endorsements for up to one year for the first contravention, and up to three years for subsequent contraventions.
4. Impose a penalty up to ten lakh rupees on any person who publishes or is a party to the publication of a misleading advertisement. The CCPA is required to give an opportunity of being heard before passing an order under this section.

This specificity means that if a manufacturer is ordered to recall goods, or an advertiser is penalized heavily for a misleading advertisement, they know they have a right to challenge these specific actions before the Hon’ble NCDRC. This prevents any ambiguity about which CCPA orders are appealable under Section 24.

5           Time Limit for Filing the Appeal against CCPA order

Section 24 of the CPA 2019 clearly states that the appeal must be filed "within a period of thirty days from the date of receipt of such order."

The 30-day countdown begins from the date the aggrieved person receives the CCPA’s order. It is crucial for any aggrieved party to be vigilant about this timeline.

6           Procedure for Filing and Hearing of Appeal before Hon’ble NCDRC

While Section 24 of the CPA 2019 establishes the right to appeal orders from the Central Authority (CCPA) under Sections 20 and 21 to the Hon’ble National Consumer Disputes Redressal Commission (NCDRC), it does not itself detail the specific procedural steps for filing such an appeal. However, guidance can be drawn from the jurisdiction granted to the Hon’ble NCDRC and the rules made under the Act.

6.1         Manner of Filing Appeal (Referencing Rule 14 of Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020)

The Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020, specifically Rule 14, outlines the "Procedure for filing and hearing of appeal before National Commission". Given that Section 58(1)(a)(iv) of the CPA 2019 grants the Hon’ble NCDRC jurisdiction to entertain "appeals against the orders of the Central Authority", Rule 14 of the CDRC Rules, 2020, would logically apply to such appeals.

Rule 14 of the Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020 states:

(1) 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) 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) The memorandum shall be accompanied by a crossed Demand Draft as specified in rule 16, 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. (Note: For appeals against CCPA orders, the accompanying document would be the certified copy of the CCPA order under Section 20 or 21. Appellants should verify current fee/deposit requirements with the Hon’ble NCDRC registry for Section 24 appeals.)

(4) 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. (Note: Section 24 of CPA 2019 specifies a 30-day limit and does not explicitly provide for condonation of delay. Extreme caution regarding the 30-day limit is advised.)

(5) The appellant shall submit four copies of the memorandum to the National Commission for official purposes.

6.2         Hearing of Appeal: Process and Timelines (Section 52 of CPA 2019)

1.    Expeditious Hearing: The Hon’ble NCDRC shall endeavour to hear appeals quickly, aiming for disposal within 90 days from admission.

2.    Adjournments: Discouraged unless for sufficient cause, with reasons recorded and potential costs.

3.    Appearance of Parties: Parties or their agents must appear. Non-appearance can lead to dismissal or ex-parte decisions.

4.    Grounds of Appeal: Generally, arguments are limited to grounds in the Memorandum unless permitted otherwise by the Hon’ble NCDRC, ensuring the other party can respond.

7           Post-Appeal Scenarios

After the Hon’ble NCDRC decides an appeal against a CCPA order, provisions regarding finality, review, and enforcement apply.

8           Finality of Hon’ble NCDRC Orders (Section 68 of CPA 2019)

Section 68 of the CPA 2019 states: "Every order of a District Commission or the State Commission or the National Commission, as the case may be, shall, if no appeal has been preferred against such order under the provisions of this Act, be final."

Explanation: An Hon’ble NCDRC order on a CCPA appeal becomes final if no further appeal is made. Section 67 allows appeals to the Hon’ble Supreme Court against Hon’ble NCDRC orders under Section 58(1)(a)(i) or (ii). The direct applicability of Section 67 to appeals against CCPA orders (under Sec 58(1)(a)(iv) ) requires careful legal interpretation.

Importance for Complainant (Aggrieved Person) side: A favorable Hon’ble NCDRC order, if not further appealed, is conclusive. An unfavorable one, if final, must be complied with.

Importance from the Opposite Party (Central Authority – CCPA) side: An upheld CCPA order strengthens its actions. If modified or set aside, CCPA must abide by the final appellate decision.

9           Power of Hon’ble NCDRC to Review its Orders (Section 60 of CPA 2019)

Section 60 of the CPA 2019 states: "The National Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order."

Parties can apply for review of an Hon’ble NCDRC order (in a CCPA appeal) within thirty days if there’s an "error apparent on the face of the record". This means an obvious mistake not requiring elaborate argument.

10       Conclusion

The Consumer Protection Act, 2019, through the CCPA, strengthens consumer protection. The right to appeal specific CCPA orders to the Hon’ble NCDRC under Section 24 ensures fairness. This guide has covered the right to appeal, who can appeal, appealable orders (Sections 20 and 21 ), and the 30-day filing limit. Procedural aspects, guided by rules like Rule 14 of the CDRC Rules, 2020, and hearing timelines (Section 52 ), are crucial.