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 :-
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Sl. No. |
Particulars |
Page
Nos. running numerical no.
only |
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1. * |
Index
[Detailed index] with running page Nos. |
1 - |
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2. * |
Proforma for Filing
First Appeal. |
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3. * |
Notarised
Affidavit in support of pleadings filed before State Commission. |
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4. * |
Synopsis
with List of Dates and Events. |
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5. * |
Memo of Parties (with complete addresses,
mobile no., telephone no. & email ids of both the parties as well as the
Counsel). |
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6. * |
First
Appeal with Notarised affidavit. |
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7. * |
Certified
copy of order of State Commission. |
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8. |
Annexure - F-1 : Copy of Complaint. |
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9. |
Annexure - F-2 : Reply. |
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10. |
Annexure - F-3 : Rejoinder. |
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11. |
Annexure - F-4 : Evidence. |
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12. |
Annexure - F-5 : Pleadings. |
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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) |
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14. |
Application
for Stay with Notarised affidavit, if any. |
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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).
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16. |
Other
Applications, if any, with Notarised affidavit. |
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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
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Sl. No. |
FIRST APPEAL NO._________ OF__________ |
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1 |
Name & address of the Appellant with Telephone Number(s) and e-mail. Name : Address: Tel : Mobile No : Landline No: E-mail :- |
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2 |
Details of the Case filed before the State Commission. Date of the Order: Case No. : Name of the State Commission: |
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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 |
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4 |
Whether
the order impugned
is an ex-parte order ? “Dismissed in default or Non-prosecution ? |
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5 |
The
date on which the free certified copy of impugned order was received from the
State Commission. |
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6 |
In case of delay,
whether an application for condonation of delay in filing the First
Appeal is filed? |
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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._______ |
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8 |
Nature of the
consumer dispute involved (To
indicate the Case Category)
(Whether Housing,
Insurance, Medical, etc.) |
(Please see enclosed Category list) |
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9 |
Project Name
(Indicate page no. where mentioned) (relates to a housing category) |
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10 |
Details
of the connected Revision Petition (s) or Appeal(s) if any, already filed in the
National Commission. |
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11 |
Details of any pending / disposed of First
Appeal(s) or Revision Petition (s), involving identical question of law, if
any |
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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. |
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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
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14 |
Whether English translations of all the
documents in vernacular language are filed? |
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15 |
Telephone no.
(Landline as well as mobile), and e-mail address of the Respondent (s), if
available. |
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16 |
Name, address,
telephone nos. (Landline as well as mobile) and e-mail address of the
advocate of the Appellant. |
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17 |
Details of the
Demand Draft submitted towards Statutory Deposit, if any, as per Section 51 of the Consumer Protection Act, 2019 |
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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.