As per Section 58(1)(b)
of the Consumer Protection Act, 2019, a Revision Petition “to call for the records and pass appropriate orders in any consumer
dispute which is pending before or has been decided by any State Commission
where it appears to the National Commission that such State Commission has
exercised a jurisdiction not vested in it by law, or has failed to exercise a
jurisdiction so vested, or has acted in the exercise of its jurisdiction
illegally or with material irregularity”, may be filed in the National Consumer Disputes Redressal Commission within a
period of ninety days from the date of receipt of free certified
copy of the order passed by the State Commission.
The Revision Petition 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 Revision Petition. |
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3. * |
Notarised
Affidavit in support of pleadings filed before District 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. * |
Revision
Petition with Notarised affidavit. |
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7. * |
Certified
copy of order of State Commission. |
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8. * |
Copy of
order of District Commission. |
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9. |
Annexure – R-1
: Copy of Complaint filed in District Commission. |
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10. |
Annexure– R-2 : Reply filed in District Commission. |
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11. |
Annexure – R-3 : Rejoinder filed in District Commission. (Annexures (R-1 to R-3) filed before
District Commission as well as copy of evidence if recorded 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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12. |
Application for Stay with Notarised affidavit, if any. |
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13. |
Application
for condonation of delay with Notarised affidavit, if beyond limitation. (within a period of ninety days from the
date of receipt of free certified copy of the order passed by the State
Commission.). |
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14. |
Other
Applications, if any, with Notarised affidavit. |
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Note :-
Specimen copy is
placed below.
(i)
Proforma for Filing Revision
Petition.
(ii)
Notarised
Affidavit in support of pleadings filed before District Commission.
NATIONAL
CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
PROFORMA FOR FILING
REVISION PETITION
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Sl. No. |
REVISION PETITION NO. OF________ |
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1 |
Name
& address of the Petitioner with Telephone Number(s) and email. Name : Address: Tel : Landline No: Mobile 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 |
Details
of the Case filed before the District Commission. Date
of the Order: Case
No: Name
of the District Commission : |
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4 |
Whether
the impugned order (the order passed by the State Commission against which
the present RP is filed) is a final order or an interim order? |
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5 |
Whether
the order impugned
is an ex-parte order ? “Dismissed in default or Non-prosecution ? |
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6 |
The
date on which the free certified copy of impugned order was received from the
State Commission. |
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7 |
In
case of delay, whether an application for condonation of delay in
filing the Revision Petition is filed? |
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8 |
Total Consideration
paid “the value of
the goods or services paid as consideration,” in the
Complaint filed in District Commission. |
Total Consideration
paid : ₹___________________ Page No.________Para No._______ |
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9 |
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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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 petition, 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 Revision Petitions, if any, in respect of the same
project. |
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13 |
Whether
attested true copies of the impugned order, order of the District Commission,
pleadings and evidence (oral, affidavits as well as documentary) filed before
the District Commission are filed? |
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14 |
Whether attested
true copies of the pleadings :- (i)
Copy of
Complaint filed in District Commission. (ii)
Reply filed
in District Commission. (iii)
Rejoinder
filed in District Commission. (iv)
Evidence, if any, of both the parties. (v)
Affidavits as well as documents filed before the District Commission are filed? |
Yes or No
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15 |
Whether
English translations of all the documents in vernacular language
are filed? |
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16 |
Telephone
no. (Landline as well as mobile), and e-mail address of the Respondent (s),
if available. |
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17 |
Name,
address, telephone nos. (Landline as well as mobile) and e-mail address of
the advocate of the petitioner. |
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VERIFICATION:
I, the Petitioner
/ 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 Petitioner / Counsel /
Authorised Representative
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
AFFIDAVIT
(REVISION PETITION)
I __________________S/O, D/O, W/O _______________ aged _____ R/O_________ ___________________
do hereby solemnly affirm and declare as under:-
(1) That I have filed this Revision Petition against
the order dated___________ in FA No……………….. of ……..…
passed by the State Commission,_______________.
(2) That I have filed copies of the impugned order, the
order of the District Commission and the copies of all the pleadings,
affidavits and documents (which the parties had), etc,
as required in the proforma for filing Revision
Petition.
(3) That I have also filed copies of the oral evidence
recorded by the District Commission.
OR
No
oral evidence was led by any party, before the District Commission.
DEPONENT
VERIFICATION
I _________________
the deponent above mentioned do hereby verify that the contents of my affidavit
are true and correct to the best of my knowledge, nothing contained therein is
false and nothing has been concealed therefrom. DEPONENT
Strike off whichever is not applicable.