Can I File Appeal Against SCDRC Order In NCDRC?

Answer:

Yes. You may file appeal against State Commission order in NCDRC. But every adverse SCDRC order may not be challenged successfully in NCDRC. Consumer who wants to appeal against SCDRC decision need to examine whether State Commission made legal error, ignored crucial evidence, misunderstood facts, wrongly applied Consumer Protection Act, violated principles of natural justice, granted wrong relief, failed to exercise jurisdiction or wrongly rejected consumer claim without justification.

Drafting NCDRC appeal needs precision. Appeal against SCDRC order should not reiterate what was complained or argued before State Commission. Appeal should target SCDRC order. Consumer need to find which paragraph/portion of SCDRC order is wrong or unsustainable in law. Appeal should mention what documents were ignored by State Commission and how Consumer Protection Act was wrongly applied. What relief Consumer wants from NCDRC should also be clearly mentioned in appeal.

Timeline after receiving adverse SCDRC order is very important for consumer. Consumer should try to get the certified copy of order, check for limitation, arrange annexures, prepare grounds of appeal and evaluate if interim relief can be claimed before filing NCDRC appeal. LAWYER BK Singh and LEGAL365 help clients review adverse orders from SCDRC. We try to find out if appeal against SCDRC order has practical chances to succeed at NCDRC. Filing appeal with anger towards SCDRC order will not help consumers case. But identifying legal error and placing it before NCDRC in disciplined manner helps.