This article details the specific procedure for filing an Appeal Execution (A.E.) before the Hon'ble NCDRC. The Table of Contents below outlines the key topics covered, from understanding the legal basis to the documentation and hearing process, to help you navigate this unique type of appeal.

1      Understanding Appeal Execution (A.E.) before NCDRC

An Appeal Execution is a specific type of appeal filed before the Hon'ble National Consumer Disputes Redressal Commission (NCDRC) against orders imposing penalties for non-compliance with the orders of a Hon'ble State Consumer Disputes Redressal Commission (State Commission) during execution proceedings.

1.1     The Legal Framework: Sections 72 & 73 of the Consumer Protection Act, 2019

The Consumer Protection Act, 2019 (hereinafter "the Act") provides the statutory basis for such appeals.

Section 72 of the Act outlines the penalties for non-compliance of orders. It states that whoever fails or omits to comply with any order made by the District Commission, the State Commission, or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both.

Section 73 of the Act provides for an appeal against orders passed under Section 72. "Suppose the person is aggrieved by such order of punishment. In that case, as per section 73 of the Act 2019, the person has the right to file an appeal before the Hon'ble NCDRC within thirty days of receiving such order".

Specifically, Section 73(1)(b) of the Act allows an appeal, both on facts and on law, from "the order made by the State Commission to the National Commission" when such an order is passed under sub-section (1) of Section 72.

Thus, the Appeal Execution (A.E.) can be invoked before the Hon'ble NCDRC by a person who is aggrieved by an order of the Hon'ble State Commission that imposes a penalty under Section 72 of the Act for failure or omission to comply with its orders.

1.2     Official Nomenclature: "Appeal in Execution matters as A.E."

The National Consumer Disputes Redressal Commission (Procedure) Regulations, 2020, provide a specific nomenclature for such appeals.

Regulation 8 states that "an appeal shall be referred to as First Appeal or F.A., ... Appeal in Execution matters as A.E.".

2      Grounds for Appeal Execution

2.1     Appeals on Both Facts and Law

An Appeal Execution to the Hon'ble NCDRC from a Hon'ble State Commission's order under Section 72 allows for a comprehensive review.

Section 73(1) of the Act explicitly states that an appeal shall lie "both on facts and on law" from such an order.

This means the appellant can challenge the Hon'ble State Commission's findings on factual aspects of the non-compliance as well as the legal interpretation or application of Section 72.

3      Timeline for Filing and Condonation of Delay

3.1     The Statutory 30-Day Period

A strict timeline is prescribed for filing an Appeal Execution.

Section 73(3) of the Act mandates: Every appeal under this section shall be preferred within a period of thirty days from the date of order of a District Commission or a State Commission or the National Commission, as the case may be.

Clearly, the appellant has 30 days from the date of receipt of the order to file the appeal before the Hon'ble NCDRC".

4      Exclusivity of Appeal under Section 73

The remedy of appeal under Section 73 against an order passed under Section 72 is exclusive.

Section 73(2) of the Act clarifies: "Except as provided in sub-section (1), no appeal shall lie before any court, from any order of a District Commission or a State Commission or the National Commission, as the case may be".

Sub-section 73(2) explicitly debars any other court to entertain an appeal against the orders of the State Consumer Commission under section 72.

5      Essential Documentation for Filing an Appeal Execution

Proper and complete documentation is crucial for the successful filing and admission of an Appeal Execution before the Hon'ble NCDRC.

The following documents, paginated in seriatim, are required for filing an Appeal Execution:

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

2.    Proforma for Filing Appeal Execution.

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.    Appeal Execution with Notarised affidavit.

7.    Certified copy of order of State Commission in Execution Application.

8.    Annexures:

·                  Copy of Execution Application.

·                  Reply.

·                  Rejoinder.

·                  Evidence, Pleadings.

·                  Other documents filed in State Commission

·                  Applications (IA), if any: Application for Stay with Notarised affidavit, if any.

9.    Vakalatnama

6      Step-by-Step Filing and Hearing Procedure

1. The Appeal Execution memorandum should be presented by the appellant or their authorised agent to the Hon'ble National Commission in person or sent by registered post.
2. It should be preferably typed or in legible handwriting and set forth concisely the grounds of appeal on facts and law, without argument or narrative, with grounds numbered consecutively.
3. The memorandum must be accompanied by a certified copy of the Hon'ble State Commission's order in the Execution Application and other supporting documents.
4. Upon filing, the appeal undergoes scrutiny by the Registrar. If defects are found, the party is informed and given fifteen days to rectify them as per Regulation 9 of the NCDRC (Procedure) Regulations, 2020.
5. The general procedure for hearing appeals as outlined in Rule 14 of the Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020, would likely apply to Appeal Executions where not otherwise specified.
6. This includes the appearance of parties or their authorised agents. If the appellant fails to appear, the Hon'ble NCDRC may dismiss the appeal or decide it ex-parte. If the respondent fails to appear, the Hon'ble NCDRC shall proceed ex-parte and decide the appeal on merits.
7. Adjournments are ordinarily not granted unless sufficient cause is shown and reasons are recorded. The Hon'ble NCDRC shall endeavour to dispose of the appeal expeditiously. The general stages of admission, service of notice, interim application arguments (if any), and final hearing, as described for appeals generally would be followed.

7      Conclusion

Filing an Appeal Execution (A.E.) before the Hon'ble NCDRC under Section 73 of the Consumer Protection Act, 2019, is a critical remedy for persons aggrieved by penalty orders issued by Hon'ble State Commissions for non-compliance during execution proceedings. Understanding the specific legal provisions of Sections 72 and 73, the grounds of appeal on both facts and law, the strict timelines, and the detailed documentation requirements is paramount. This specialised appeal ensures that penalties are subject to review, providing a mechanism for justice against potentially erroneous or harsh orders passed at the execution stage.