If you have received an unfavourable order from the State Consumer Commission, you may be wondering: Should I file a revision petition or an appeal against the State Consumer Commission’s order before the NCDRC? The answer requires understanding of mandates of The Consumer Protection Act, 2019 (“Act 2019”) and aligning the understanding with the requirements of your business. In this article, we will cover the essentials and types of appeals which can be filed before the Hon’ble NCDRC and will conclude with the analysis of appeal versus revisional jurisdiction of Hon’ble NCDRC.
To provide you with a more in-depth understanding, we have also created a detailed YouTube video on “Filing an Appeal vs. Revision Petition at NCDRC: A Step-by-Step Guide.” Watch the video below,
In this video, we break down:
- Types of appeals before the National Consumer Disputes Redressal Commission (NCDRC)
- Key differences between a First Appeal, Second Appeal, and Revision Petition
- Mandatory timelines & documentation needed for filing an appeal or revision
- When to file a revision petition instead of a second appeal
- Procedural steps before the NCDRC, from filing to final hearing
Now that you have gained a visual and practical understanding of Filing an Appeal vs. Revision Petition at NCDRC. through our YouTube video, let’s dive deeper into legal analysis.
Types of Appeals with their respective Scenario and timelines: -
First Appeal:
Sub-section 51(1) empowers the Hon’ble NCDRC to entertain a FIRST APPEAL against the State Consumer Commission’s order made under sub-sections 47(1)(a) (i) or 47(1)(a) (ii). In other words, the Hon’ble NCDRC can hear the FIRST APPEAL when the State Commission has decided on a complaint:
- Concerning the goods or services where the consideration paid was beyond Rupees Fifty Lakhs and up to Rupees Two Crores; OR
- against unfair contracts, where the consideration paid does not exceed ten crore rupees.
The aggrieved person can raise grounds both on facts and laws to challenge the State Consumer Commission’s order under the First Appeal Proceedings.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 State Commission’s order. If fifty per cent of the amount is not paid, the Hon’ble NCDRC may not even entertain the appeal. As per the Consumer Protection Rules, the amount to be deposited shall be remitted as a crossed Demand Draft drawn on a nationalised bank in favour of the Registrar, National Commission, payable at New Delhi.
In addition, 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 State Consumer Commission.
Appeal Execution
An aggrieved person can also invoke appellate jurisdiction of the Hon’ble NCDRC by challenging the State Consumer Commission’s order passed during an execution proceedings.
Appeal under Section 73
Section 72 of the Act 2019 empowers the State Consumer Commission to punish a person who fails to comply with any of its orders. The penal powers include directions for a jail term, which may vary from one month to three years or with a fine, which may vary from twenty-five thousand rupees to one lakh rupees or both. 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. Sub-section 73(2) explicitly debars any other court to entertain an appeal against the orders of the State Consumer Commission under section 72.
Second Appeal:
Sub-section 51(2), 51(3), and 51(4) of the Act 2019 empowers the aggrieved person to file a second appeal before the Hon’ble NCDRC against the State Consumer Commission’s order passed while adjudicating a First Appeal against a District Consumer Commission’s order passed in a consumer complaint. The important point for consideration is that an aggrieved person must raise a substantive question of law in the Second Appeal.
Where the first appeal can be considered as a matter of right for the Appellant, the second appeal solely depends on the substantive question of law involved in the appeal. The Hon’ble NCDRC forum can use its discretion to dismiss the second appeal. Once the Hon’ble NCDRC forum is satisfied that the substantive question of law existed in the second appeal, the forum shall formulate the substantive question of law and hear the appeal only on the formulated substantive question of law.
CCPA Appeal:
The Consumer Protection Act 2019 has established a Central Consumer Protection Authority (“Central Authority”) to entertain complaints relating to violation of consumer rights, unfair trade practices, or false or misleading advertisements that are prejudicial to the Consumer’s interests as a class.
Under section 20, the Central Authority may recall the goods, withdraw the services, or discontinue unfair and prejudicial practices to the Consumer’s interest. Under section 21, the Central Authority may issue directions and penalties against false or misleading advertisers, endorsers, publishers, traders, and manufacturers for the goods or services which are prejudicial to the interests of the consumers as a class.
A person aggrieved by the orders of the Central Authority can file an appeal as per section 24 read with section 58 of the Act 2019. However, the appeal is limited to the orders of the Central Consumer Protection Authority passed under sections 20 and 21 of the Act 2019.
Timelines in Various Types of Appeals
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. 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.
Documentation Required for Filing an Appeal before the Hon'ble NCDRC
The following are the mandatory documents which must be filed at the time of filing an Appeal before the Hon’ble NCDRC to ensure that the appeal stands listed for Admission stage.
- Index
- Proforma for Filing First Appeal/Second Appeal/CCPA Appeal/Appeal Execution
- Synopsis with List of Dates and Events
- Memo of Parties
- First Appeal/Second Appeal/CCPA Appeal/Appeal Execution along with Notarised Affidavit
- Notarised Affidavit in support of pleadings filed before State Commission
- Certified copy of Impugned order of State Commission
- Add Annexures / Documents – All docs filed at State Commission
- Calculation Sheet – 50 percent amount award by State Commission (if applicable)
- Add Application (IA) – E.g., Condonation of Delay in filing the Appeal, exemption from filing translation, Stay Application
- Vakalatnama
Appeal Proceedings Before the NCDRC:
Admission Stage:
The first step for the petitioner is to list the Appeal before the NCDRC bench and have it admitted. Once the matter is taken up, the NCDRC bench will primarily look for mandatory requirements (e.g., substantive question of law in the Second Appeal) and any delay in filing the Appeal. Without addressing the merits of the case, the Hon’ble NCDRC admits the appeal once the appellant addresses all the mandatory requirements. 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.
Service Stage:
The petitioner is required to serve the notice, along with a copy of the Appeal and any applications filed with it, to all respondents.
Interim Applications Arguments Stage (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.
Final Hearing Stage:
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. 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. Once the matter is heard, the Appeal will be disposed of. 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.
Conclusion:
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.
A key question for many appellants is whether to file a second appeal or a revision petition against the State Consumer Commission’s order in a first appeal. The second appeal comes with two significant hurdles—proving a substantive question of law and depositing 50% of the awarded amount. In most practical scenarios, appellants opt for a revision petition, as the chances of obtaining a favorable outcome are generally higher in revisional jurisdiction than in a second appeal before the Hon’ble NCDRC.
Understanding these nuances can make all the difference in your case. Before taking the next legal step, ensure you meet all procedural and substantive requirements. Have you faced a similar legal dilemma? Share your thoughts or experiences in the comments!
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