What Is The Difference Between Appeal And Revision Before NCDRC?

Answer:

Appeal and revision before NCDRC are two separate remedies provided to consumers and traders. Appeal before NCDRC is mostly used to challenge findings of State Commission on facts and law, subject to restriction posed by Consumer Protection Act. Revision before NCDRC is mostly used to correct material irregularity, jurisdictional errors, procedural illegality, improper exercise of jurisdiction or non-exercise of jurisdiction by SCDRC or District Consumer Forum.

This difference is important because many consumers file case at wrong remedy. If grievance is about finding of facts such as deficiency in service, unfair trade practice, compensation was too high or relief granted by SCDRC is not appropriate, then appeal may be filed against SCDRC order subject to law. But if grievance is regarding compensation was wrongly denied by State Commission despite evidence, it can be challenged either by appeal or revision before NCDRC. If opposite party feels that State Commission acted without jurisdiction, exceeded jurisdiction, did not follow mandatory procedure lawfully laid down under Consumer Protection Act or caused material injury to opposite party through some irregularity, then opposite party can file revision against State Commission order before NCDRC. Unlike appeal, revision is not intended to become full-fledged hearing of case like appeal.

Revision petition against order passed by State Commission needs to be drafted differently from appeal against SCDRC order. Revision should not say that order passed by SCDRC is factually or legally incorrect. Revision petition must tell NCDRC how State Commission acted without jurisdiction, failed to exercise jurisdiction, ignored mandatory procedure or caused material injury to opposite party through some irregularity. NCDRC decides revision petitions in consumer matters more intensely.

LEGAL365 and LAWYER BK Singh guide consumers about whether their grievances against Consumer Forum order can be challenged as appeal or revision or certain other legal remedy. This classification needs to be done at very beginning. Choosing wrong remedy can lead to waste of limitation time and weaken your position as a consumer or trader. In consumer litigation, choosing correct remedy is just as important as quality of drafting case facts.