Template Description

This template for an appeal to the National Consumer Disputes Redressal Commission (NCDRC) under Section 19 of the Consumer Protection Act, 2019, is a comprehensive MS Word document. The document is designed to help businesses, legal professionals, and individuals who wish to file an appeal to the National Commission after being dissatisfied with the order of the State Consumer Disputes Redressal Commission. This resolution ensures that the process of lodging an appeal is formalized in compliance with the legal requirements of the Consumer Protection Act.

The intended audience for this template includes businesses, legal practitioners, consumer rights advocates, and consumers who need to challenge a decision from the State Commission at the National level.

Understanding an Appeal to the National Commission under Section 19

Terminologies:

Appeal refers to a formal request made to a higher authority—in this case, the National Consumer Disputes Redressal Commission—asking it to reconsider or revise the decision made by a lower authority, typically a State Commission.

National Consumer Disputes Redressal Commission (NCDRC) is a quasi-judicial body established under the Consumer Protection Act, 2019, to resolve disputes related to consumer complaints.

Section 19 refers to the specific provision under the Consumer Protection Act, 2019, which allows an individual or party to appeal to the National Commission against the orders made by a State Consumer Disputes Redressal Commission.

Procedure for Filing an Appeal under Section 19:

Preparation of Appeal:

•  Ensure all documents and evidence supporting the appeal are properly gathered.
• The appeal must be filed within a specified time frame after the State Commission’s decision (typically 30 days, extendable by another 30 days in some cases).

Drafting the Appeal:

•  The appeal should contain a clear statement of the facts, the grounds on which the appeal is made, and the relief or action sought.
•  Reference the specific sections of the Consumer Protection Act and provide supporting documentation such as orders from the State Commission.

Submission to the National Commission:

•  Submit the appeal to the NCDRC along with a certified copy of the order from the State Commission, necessary fee, and supporting documents.
•  Ensure the appeal is signed by the appellant or authorized representative.

Hearing and Adjudication:

•  After submission, the NCDRC will schedule a hearing for the appeal.
•  The National Commission may either accept or reject the appeal based on the merits of the case, and it will pass a final order accordingly.

Appeal Fee:

•  The appellant is required to pay a nominal fee while filing the appeal. The fee is typically determined by the value of the claim or dispute.

Indemnity and Legal Formalities:

•  The appellant may be required to indemnify the National Commission in case of any false or misleading information.
•  Proper legal formalities, including signing, verification, and affidavits, must be complied with during the filing process.

Key Considerations:

• Ensure the appeal is filed within the prescribed period to avoid rejection on technical grounds.
• Provide all necessary documents including certified copies of previous orders, supporting evidence, and affidavits.
• Clearly specify the grounds of appeal and seek specific relief from the National Commission.
• Understand the prescribed fee structure and make the necessary payment at the time of filing.
• Ensure compliance with the legal requirements for signing and verification of documents.

Conclusion

An appeal to the National Commission under Section 19 of the Consumer Protection Act is a legal process that allows a party to challenge the decision of the State Commission. By filing this appeal correctly and on time, individuals or organizations can seek redressal at a higher judicial level. This template provides the necessary structure for drafting the appeal and ensuring it is in accordance with the legal framework of the Consumer Protection Act. Clear and precise documentation, along with a thorough understanding of the process, is essential for successfully filing an appeal before the National Commission.