HOW TO FILE FIRST APPEAL IN SCDRC

HOW TO FILE FIRST APPEAL IN SCDRC

Dear Consumer,

In this article, I will explain to you how to file an appeal before the State Consumer Dispute Redressal Commission (SCDRC) and I will also explain some important points that every consumer should remember while filing the first appeal and this article covers the following points.

Consumer should remember 7 important points while filing an appeal before the State Commission

1. what is the first appeal
2. where the first appeal filed
3. what is the time limit for the first appeal
4. Which documents are required for the first appeal?
5. How to write the First Appeal (Title and heading)
6. For the consumer/aggrieved party, important things to remember before filing the first appeal.
7. The consumer/aggrieved party commonly makes the mistake of approving while filing the first appeal.

What is the first appeal?

That the first appeal is filed when consumer are not satisfied with the order/judgment passed by the District Consumer Dispute Redressal (DCDRC)

Where was the first appeal filed?

The first appeal is filed before the State Consumer Dispute Redressal Commission (SCDRC). If the consumers are not satisfied with the order passed by the district consumer commission, the consumer can file the first appeal before the State Commission of the same state.

The original case was filed in                                    First Appeal filed in 

• District consumer Commission   —>  to              State Consumer Commission
• State Consumer Commission     —>   to               National Commission

What is the time limit for the first appeal?

As per section 41 of the Consumer Protection Act, 2019, the first appeal against the order of the District Commission must be filed before the State Commission within 45 days from the date of the order. If the appeal is filed after 45 days, the appellant must give a valid reason for the delay. The State Commission may allow the appeal if sufficient cause is shown; otherwise, the appeal may be dismissed at the hearing on the ground of delay.

Which documents are required for the first appeal?

• certified copy of the order/judgement passed by the district commission
• Draft first appeal petition
• obtain certified copy of the complaint from the district commission which was filed earlier
• copy of the written statement
• copy of the evidence filed by the parties.
• copy of rejoinder if filed
• Index and list of documents
• Vakalatnama (if an advocate is appointed by the consumer)
• Court fee (as per the value of the complaint case)
• If there is a delay, make delay application for condonation
• if any deem document, make exemption application
• proper pagination from the index
• The format of the first appeal, which is available on NCDRC site

How to write the First Appeal (Title and heading)

BEFORE THE STATE CONSUMER DISPUTE REDRESSAL COMMISSION, STATE NAME 

First Appeal No. _____of 2025

         IN THE MATTER OF:

Amit Kumar Singh chaudhary f                                                       ……Appellant

Versus

Insurance parity & Ors                                              ….Opposite Party/Respondent

Appeal under Section 41 of the Consumer Protection Act, 2019, against the                   order dated… passed by the District Commission Dispute Redressal                               Commission  (district name) Vide Consumer Case No._____ (Years) 

 The facts of the case are explain shortly 

• What happened?
• when complaint was filed before the District Commission (DCDRC)
• what was the order passed by the District Commission (DCDRC)
• what ground was passed by the district commission (DCDRC)

The most important point while drafting the First Appeal is to mention why the order is wrong, such as

• The order/judgement passed by the district commission is without proper evidence
• low is not applied properly
• In the order/judgement natural justice was violated.
• Important facts in the order/judgement were ignored.
• order passed by the commission is unjust/arbitrary

In the Prayer Relief sought 

•  set aside the order/judgment passed by the District Commission
• Allow the appeal of the appellant
• Grant the compensation and refund
• enhance the amount of compensation
• Stay the order of the District Commission
• Stay the execution order
• Any other relief

Attached is an affidavit with the appeal petition which states that the contents in the appeal petition are true as per your knowledge.

Consumers should remember important things while filing an appeal petition before the State Commission.

•  File the appeal within time
• attached the certified copy of the order/judgment
• ground must be legal and factual, not emotional
• Do not attach unnecessary documents with the appeal petition.
• in the appeal petition mention correct date and case number
• court fees must be paid while filing an appeal
• sign on bottom of every page in your document/annexures
• After final preparation, keep 2 to 3 extra copies.

IMPORTANT POINT 

• The consumer should visit the Registry of the State Commission before filing the appeal and ask about the proper procedure. The Registry staff will guide you. how to file the first appeal. The above information is shared based on my experience and knowledge. This article is not advice and is meant only for information and educational purposes.

At last, I will guide you in simple and clear terms about online filing + physical filing + copies + court fees.

Online Filing Process 

• Visit the official website of the commission: www.e-jagriti.gov.in.
• Register or log in with your mobile number.
• After logging in, click on New file and Select First Appeal
• Choose state Commission
• Enter your party details name and address properly
• Upload your PDF document separately, like the index, format, pleading affidavit, list of dates and events, and first appeal, along with the affidavit and certified copy of the order/judgement passed by the Commission. Copy of complaint which was file earlier, Copy of Written Statement, Copy of Evidence, Copy of Rejoinder and other Documents/Annexures 
• Pay the required court fees online or offline in the form of DD and ask the registry before payment.
• Submit and download the acknowledgement for further reference.

Physical Filing before State Commission

• Visit your State Commission
• and submit your appeal copy as it is, which you filed online through the e-Jagriti portal.
• Consumers/aggrieved parties need to give a copy of set one + one + respondent sets. If there is one respondent, then the consumer needs to give 3 copies of the sets to the registry and keep one for itself. If 2 respondents, then 5 sets. (if any queries/information are ask from the registry of the state commission)

IMPORTANT NOTE – Consumers always confirm the procedure and fee from the registry of the state commission before filing the first appeal. if a minor mistake causes problem, 

For more updates, visit Home. Click here.

Disclaimer

The content on e-jagriti.com is for general legal awareness and educational purposes only. It does not constitute legal advice. Readers should consult with the qualified legal professional advocate/lawyer before taking any action. e-jagriti.com is not responsible for any loss arising from the use of this information.