As per Section 51 of the Consumer Protection Act, 2019, a First Appeal where  Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clauses (i) or (ii) of clause (a) of  sub-section (1) of section 47”.,  may be filed in the National Consumer  Disputes Redressal Commission, within a period  of  thirty days from the date of receipt of free certified copy of the order passed by the State Commission.

The First Appeal alongwith detailed index should be paginated in the following seriatim. Further, Alphabets are not to be used in pagination. Only running numerical no. is to be given. Pagination should start from the index itself e.g. If index runs into 3 pages, the pagination will be 1-3 for the index and onwards :-

 

 

Sl. No.

Particulars

 

Page Nos.

running numerical no. only

 

1. *

Index [Detailed index] with running page Nos.

 

  1 -

2. *

Proforma for Filing  First Appeal.

 

 

3. *

Notarised Affidavit in support of pleadings filed before State Commission.

 

 

4. *

Synopsis with List of Dates and Events.

 

 

5. *

Memo of Parties (with complete addresses, mobile no., telephone no. & email ids of both the parties as well as the Counsel).

 

6. *

First Appeal with Notarised affidavit.

 

 

7. *

Certified copy of order of State Commission.

 

 

8.

Annexure - F-1  : Copy of Complaint.             

 

9.

Annexure - F-2  : Reply.

 

10.

Annexure - F-3  : Rejoinder.

 

11.

Annexure - F-4  : Evidence.

 

12.

Annexure - F-5  : Pleadings.

 

13.

Annexure - F-6  : Calculation sheet of  50% amount awarded by State Commission.

 

 

(Annexures (F-1 to F-6) filed in State Commission and other documents relied on by both parties. (All the Document/Annexures must be attested as ‘True Copy’ on the last page with name & signature)

 

 

14.

Application for Stay with Notarised affidavit, if any.

 

15.

Application for condonation of delay with Notarised affidavit, if beyond limitation. (within a period  of  thirty days from the date of receipt of free certified copy of the order passed by the State Commission).

 

 

16.

Other Applications, if any, with Notarised affidavit.

 

 

Note :-

(a) Statutory Deposit of 50% of the amount awarded by the State Commission as per Section 51 of the Consumer Protection Act, 2019, in the form of Demand Draft (in favour of “The Registrar, NCDRC, New Delhi”) in case First Appeal is filed under the Consumer Protection Act, 2019  with Calculation sheet of  50% of the amount awarded by State Commission.

 

(b) Statutory Deposit of 50% of the amount awarded by the State Commission of Rs.35,000/- whichever is less, as per Section 19 of the Consumer Protection Act, 1986 in the form of Demand Draft (in favour of
“The Registrar, NCDRC, New Delhi”)  in case Complaint is filed in State Commission under the Consumer Protection Act, 1986,.

 

           Specimen copy is placed below.

(i)            Proforma for Filing  First Appeal

(ii)           Notarised Affidavit in support of pleadings filed before State Commission.

 

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI

 

PROFORMA FOR FILING FIRST APPEAL

Sl. No.

FIRST APPEAL NO._________ OF__________

1

Name & address of the Appellant with Telephone Number(s) and        e-mail.

 

Name :

 

 

Address:

 

 

Tel : Mobile  No  :

        Landline No:

        E-mail :-

 

 

2

Details of the Case filed before the State Commission.

 

Date of the Order:

 

 

Case No. :

 

 

Name of the State Commission: 

 

 

 

 

 

 

 

 

3

Whether the impugned order (the order passed by the State Commission against which the present FA is filed) is a final order or an interim order 

 

 

 

 

4

 

 

Whether the order impugned  is an ex-parte order ? “Dismissed in default or Non-prosecution ?

 

 

 

 5

The date on which the free certified copy of impugned order was received from the State Commission.

 

6

In case of delay, whether an application for condonation of delay in filing the First Appeal is filed?

 

 7

Total Consideration paid

 

the value of the goods or services paid as consideration,” in the Complaint filed in State Commission.

 

Total Consideration paid  :

 

₹___________________

 

Page No.________Para No._______

 8

Nature of the consumer dispute involved         (To indicate the Case Category)              

(Whether Housing, Insurance, Medical, etc.)

 

(Please see enclosed Category list)

 

9

Project Name (Indicate page no. where mentioned) (relates to a housing category)

 

 

10

Details of the connected Revision Petition (s) or Appeal(s)  if any, already filed in the National Commission.

 

 

 

11

Details of any pending / disposed of First Appeal(s) or Revision Petition (s), involving identical question of law, if any

 

 

 

12

If the consumer dispute relates to a housing, or land development project, details of the pending First Appeal/Revision, if any, in respect of the same project.

 

13

Whether attested true copies of the pleadings :-

 

i) Reply

 

 

(ii) Rejoinder

 

(iii) Evidence, if any, of both the parties.

 

(v) Affidavits as well as documents filed before the State Commission are filed?

 

Yes or No

 

 

 

 

 

 

 

 

14

Whether English translations of all the documents in vernacular language are filed?   

 

15

Telephone no. (Landline as well as mobile), and e-mail address of the Respondent (s), if available. 

 

 

16

Name, address, telephone nos. (Landline as well as mobile) and e-mail address of the advocate of the Appellant.

 

 

 

 

17

Details of the Demand Draft submitted towards Statutory Deposit, if any, as per Section 51 of the Consumer Protection Act, 2019

 

 

VERIFICATION:

I, the Appellant / Counsel / Authorised Representative  above  mentioned, do hereby verify that the information provided herein above is true and complete in all respects, and nothing material has been concealed therefrom.

Signature of the Appellant / Counsel /

Authorised Representative

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI

 

AFFIDAVIT

(FIRST APPEAL)

I __________________S/O, D/O, W/O _______________ aged _____ R/O_____________ ___________________  do hereby solemnly affirm and declare as under:-

(1) That I have filed this First Appeal against the order dated _______________  in Complaint No.___________of ________ passed by the State Commission, _____________.

(2) That I have filed copies of  the impugned order of the State Commission and the copies of all the pleadings, affidavits and documents (which the parties had), etc,, as required in the proforma for filing First Appeal.

 

(3) That I have also filed copies of the oral evidence recorded by the State Commission.                                                                                                                

Or

            No oral evidence was led by any party, before the State Commission.

           

 

DEPONENT

VERIFICATION

            I _______________ the deponent abovementioned do hereby verify that the contents of my affidavit are true and correct to my knowledge, nothing contained therein is false and nothing has been concealed therefrom.

 

 

                                                                                                            DEPONENT

Strike off whichever is not applicable.