What Are The Commonly Used Grounds For Filing NCDRC Appeal Against State Commission Order?

Answer:

Some common grounds for filing appeal against SCDRC order at NCDRC include – wrongful appreciation of evidence, ignoring important documents on record, ignoring part of evidence, incorrect application of law, jurisdictional mistake, principles of natural justice violated, complaint wrongly dismissed, compensation was too high or too low, deficiency in service not established, unfair trade practice not established, failing to decide on issues raised by parties.

Say for example, consumer filed builder delay complaint. SCDRC ignored builder-buyer agreement, agreement date, payment receipts, promised possession date and delay compensation clause of agreement. Say in another case, consumer filed insurance claim matter against insurance company. SCDRC allowed insurance repudiation without properly examining policy terms and conditions. Say in third example, consumer had banking dispute. State Commission ignored bank account statements, CIBIL impact, proof of loan closure and written complaints made by consumer to bank.

In above three examples, SCDRC was wrong in examining important aspects of case. This mistake by SCDRC can become grounds of appeal if those mistakes impacted final outcome. But grounds of appeal cannot be generic for every case. Appeal would fail if it merely says “The order is bad in law” or “State Commission ignored facts and evidence”. Specific paragraphs from order where error is made should be challenged in NCDRC appeal. Appealing to NCDRC is about connecting facts, documents, applicable laws and reliefs asked for in a logical sequence. LAWYER BK Singh and Legal365 always focus on this chain while reviewing consumer disputes for appeal. National Commission examines whether the order challenged at their level deserves to be interfered with on legally sustainable grounds.