HOW TO FILE SECOND APPEAL BEFORE THE NCDRC
In this article, we discuss the complete procedure for filing the Second Appeal before the National Consumer Dispute Redressal Commission (NCDRC). The article cover.
- When the second appeal can be filed.
- Meaning of the Second Appeal before the NCDRC.
- Limitation Period of Second Appeal.
- Legal Provision of the Second Appeal in the Consumer Case.
- The Format and drafting of second appeal and Mandatory Documents
- The the process of filing the second appeal both online and physically.
- The Aggrieved party must avoid the common mistakes while filing the Second Appeal.
when the second appeal can be filed.
- The Second Appeal filed in the consumer case only after the State Consumer Commission (SCDRC) has already decided the First Appeal and the parties are not satisfied with the order of the State Commission (SCDRC). The aggrieved party filed the second appeal before the National Consumer Dispute Redressal Comission (NCDRC). This appeal is not for rechecking facts or evidence. it can be filed only when there is serious legal mistake or substantial question of law. Such as wrong interpretation of law. Misuse of legal legal provision related to facts or violation of legal procedures. The Second appeal must be filed before the National Consumer Dispute Redressal Commission (NCDRC) within 30 days from the date of the State Commission’s order/judgment.
- It is important to understand that the second appeal is not the matter of right and the NCDRC will accept it only when the important issue is clearly involved, not just because one party is not satisfied/unhappy with the decision of the SCDRC.
Meaning of the Second Appeal before the NCDRC.
- The Second Appeal before the National Commission means the second chance to challenge the order/judgment of the the state commission. but only on the legal grounds. it is filed when the Appellant or opposing party is not satisfied with the order passed by the State Commission in the First Appeal. The Second Appeal is filed before the National Commission Dispute Redressal Commission (NCDRC), which is the highest consumer commission in the India after the Supreme Court of India. The second appeal is not meant to re-examined the facts, reply/written statement and evidences. The second appeal can be filed only when there is serious legal error in the order passed by the State commission. Such as wrong interpretation of law, ignoring the mandatory legal provision, lack of jurisdiction or violation of the nature justice.
- The National Commission will entertain the second appeal only if substantial question of law involved.
Important not for the Consumer to always remember while filing the Second Appeal before the NCDRC.
- The Second Appeal allowed only in special cases, not in every matter.
- File the Second Appeal only after the first appeal decided by the SCDRC.
- The NCDRC will not hear factual dispute again.
- Always show substantial question of law in the second appeal such as wrong application of law or legal procedure.
- Mention the legal error in the second appeal not emotional or personal arguments.
- Follow the time limits, normally within 30 days from the order passed by SCDRC
- Drat the Ground carefully and legally, (with the help of legal professional advocate)
- Attached the certified copy of the District Commission and State Commission order.
Limitation Period of Second Appeal.
- The Second Appeal should be filed within 30 days from the date on which the order/judgment of the state commission (SCDRC) is received.
- If the second appeal is filed after the 30 days delay, The aggrieved party need to draft delay application and in the application clearly explain the valid and sufficient reason for the delay, such as illness , order of state commission not received timely, and other unavoidable reasons.
Important Point:-The 30 days Limitation time is always counted from the date on which you received the order of the State Commission.
Legal Provision of the Second Appeal in the Consumer Case.
- Under the Consumer protection Act, 2019, the law provides the systems of appeals so that the consumer can challenge the wrong/incorrect order. The Second Appeal is governed by Section 51 of the consumer protection Act, 2019. Which delay with the appeal to the National Commission (NCDRC)
- If the aggrieved party is not satisfied with the order passed by the State commission, they may approach the National Commission (NCDRC). This appeal is called Second Appeal because (First case filed before the District Commission thereafter First Appeal filed before the Sate Commission and last Second appeal filed before the National commission)
- The law does not allow the second appeal in every case. the NCDRC will hear the second appeal only when there is serious legal mistake such as (wrong interpretation of law, ignoring the mandatory legal provision, wrong jurisdiction, violation of the principles of nature justice)
The Format and drafting of second appeal and Mandatory Documents
- The Second Appeal is the formal legal document filed before the National Commission (NCDRC) against the order of the State Commission (SCDRC)
The index image of the second appeal has been inserted abvoe. The format of the second appeal are explained below point by point for the better understanding.
Name of the Commission Title
- Before the National Consumer Dispute Redressal Commission, New Delhi
Case Title
- Appellant (Name of the aggrieved party)
Versus
Respondent (Opposite party Name)
Memo of parties
- Like above title but full address of all the parties with pin code and mobile number.
Synopsis and list of dates and events
- In this head parties should mention brief history of the case, and date of the commission date of the dispute, when the first appeal filed before the State commission, and what order passed by the State commission with order/judgment date, case number of the state commission, name of the state commission, step by step from initial stage to filing the second appeal.
Ground for the Second Appeal
- In the ground heads, parties should states clearly (substantial question of law. (what is the serious legal question arises, why it need decision by the National Commission.
Limitation Paragraph
- if the second appeal is within 30 days, no need to file delay application, if 30 days delay expired then attach the application for condonation of delay with the second appeal.
Prayer (Relief sought)
- In the Prayer the aggrieved party write what aggrieved party want from NCDRC, (Example, set aside the order of the State Commission, Pass appropriate legal order,)
Verification of the Second Appeal
- An affidavit attached with the second appeal, stating in the affidavit that all the contents written in the second appeal are true and correct to the best of knowledge of the aggrieved party.
IMPORTANT DOCUMENT MANDATORY FOR SECOND APPEAL
- Index of Second Appeal
- Format of Second Appeal
- Pelading affidavit of Second Appeal
- Memo of the Second Appeal
- Synopsis and list of dates and events
- Certified copy of the State Commission (SCDRC)
- Certified copy of the District commission (DCDRC)
- Written Statement/Reply filed before the (DCDRC)
- Evidence of both the parities
- Rejoinder (if filed before the (DCDRC)
- Rejection letter/document
- If delay in filing (Condonation of delay application)
- Affidavit in support of Second Appeal.
- Proof of service to the opposite party.
- Vakalatnam/authorization letter (if second appeal file through advocate)
The the process of filing the second appeal both online and physically.
The Second Appeal before the NCDRC can be filed both online and physically. if online filing is done thought the e-jagritit.gov.in portal and after online filing, the physical copy of the Second Appeal must also be submitted before the registry of the NCDRC. New Delhi.
After submission the Second Appeal, the Registry of the NCDRC verified the online documents with the physical set. if the both sets are the same and no defect is found, the registry approved the filing. If any objection is raised, the aggrieved party must remove the objections both only on the portal and physically by submitting correct documents. once all objections are cleared, the Registry approves the Second Appeal.
After approval, the Registry of NCDRC allots Second Appeal No. (SA No. ___of 202X) and fixes the date of admission, the date of admission usually within one or two weeks.
It is important to note that the online filing process before the National Commission is different from the other courts. on the e-jagriti.gov.in portal, the documents must be uploaded section wise and separately such as.
- Index of the Second Appeal
- Format of Second Appeal
- Pleadings Affidavit of Second Appeal
- Memo of parties
- Synopsis and list of dates and events.
- Certified copy of order/judgment of the SCDRC
- Copy of the order of the DCDRC
- Copy of Written Statement/Reply
- Copy of Evidence of both parties, filed before the DCDRC
- Rejoinder (if filed before DCDRC)
- Application of condonation of delay (if Required)
- Proof of service and Vakalatnama (if filed by an advocate)
The Aggrieved party must carefully understand this process before filing. This article provide essential guidance. For further clarity, watch video how to file second appeal and visit NCDRC Registry, and read the consumer protection act 2019 for provision related issue.How to file Second Appeal Before the NCDRC
See the PDF file for online filing process Click Here
The Aggrieved party must avoid the common mistakes while filing the Second Appeal.
- Aggrieved party file the Second Appeal within 30 days.
- Ensure the appeal is maintainable before the NCDRC and challenge the final order of the SCDRC.
- Draft the ground and raising the legal or jurisdictional errors, not repetition of facts.
- upload all the documents separately.
- Always file certified copy the Judgment/order of the SCDRC
- Ensure online upload file documents and physical copies filed with the registry are the same/exactly.
- Maintain the proper index, pagination and clear readability in both online and physical filing set and remember pagination start from the index not from the format or memo of parties.
- All the affidavits supported with the second appeal are correctly sworn dated and signed and attested.
- Visit the registry for approval of case with physical sets.
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Disclaimer
This article is only for general informational purposes and does not constitute legal advice, for legal advise consult qualified advocate/lawyer.