What Mistakes To Avoid While Filing Appeal Against SCDRC Order In NCDRC?

Answer:

Many mistakes are made by consumers while filing appeal against orders of State Consumer Disputes Redressal Commission (SCDRC) in National Consumer Disputes Redressal Commission (NCDRC). First major mistake is filing appeal against SCDRC order without reading it properly. Many consumers and their lawyers get disheartened by order passed against them and file appeal without figuring out legal error. Second mistake is appending same set of documents which were filed before SCDRC. Appeal against SCDRC order in NCDRC needs to tell NCDRC what went wrong at State Commission level.

Third mistake is ignoring limitation for filing appeal. If appeal is beyond limitation, mention reasons for delay alongwith draft appeal and file application for condonation of delay alongwith appeal. Fourth mistake is random appending of documents as annexures. Documents should be indexed and logically attached with appeal. Fifth mistake is exaggerating facts without supporting documents. Consumer forums appreciate facts which can be gathered from pleadings and documents, they don’t like cases with exaggerated facts.

Sixth mistake is ignoring adverse findings. If SCDRC has dismissed complaint on grounds of limitation, lack of jurisdiction, complainant not being aggrieved consumer or if State Commission felt that complaint was not legally maintainable, then appeal against SCDRC order should specifically deal with legal issue as to why complaint was not rightfully dismissed. Seventh mistake is contradicting your own statement. Say if SCDRC has relied upon particular clause of builder-buyer agreement which was in favor of builder and against consumer. Appeal against such order cannot ignore that clause and expect NCDRC to rule in consumers favor.

LEGAL365 and LAWYER BK Singh always reviews SCDRC order before deciding to file appeal against order. We don’t start drafting immediately after receiving adverse consumer forum order. We first ask question “CAN THE ORDER BE APPEALED?” Only after we get answer to this question, we move onto next question “WHAT ARE THE LEGALLY SUSTAINABLE GROUNDS TO APPEAL?” If answer to first question is yes, then careful consideration of answer to second question can save your time, money and stress caused by litigation.