Appeal Against Order Passed Under Section 27 of the Consumer Protection Act, 2019
Appeal Against Order Passed Under Section 27 of the Consumer Protection Act, 2019
Under the Consumer Protection Act, 2019, an important mechanism for consumers to seek justice is the right to appeal against orders passed by the various levels of consumer forums. Section 27 of the Act lays down specific guidelines and procedures for filing appeals against orders issued by District Forums, State Commissions, and the National Commission. The appeal process ensures that consumers have access to higher authorities to challenge any decisions made in their cases, whether based on facts or law.
Appeal Process: Hierarchical System
1. Appeal from District Forum to State Commission:
As per Section 27(1)(a), if a party is dissatisfied with an order passed by the District Forum, they can file an appeal before the State Commission. The State Commission acts as an appellate body in the state and will review the facts and legal aspects of the case before issuing its own order.
2. Appeal from State Commission to National Commission:
If a party is still not satisfied with the order of the State Commission, they have the right to appeal to the National Commission under Section 27(1)(b). The National Commission, situated at the national level, is empowered to hear appeals concerning the orders passed by the State Commission. It has the authority to review the matter in detail and make a final ruling.
3. Appeal from National Commission to Supreme Court:
For consumers who are dissatisfied with the decision of the National Commission, Section 27(1)(c) provides a further appellate remedy. The consumer or the party aggrieved by the National Commission’s order can approach the Supreme Court of India. This is the final stage in the appeal process, where the highest judicial authority in the country examines the case on both factual and legal grounds.
No Appeals to Lower Courts
Section 27(2) makes it clear that, except for the appeals mentioned above (from District Forum to State Commission, from State Commission to National Commission, and from National Commission to the Supreme Court), no appeal can be made to any lower court against the orders of a District Forum, State Commission, or National Commission. This provision ensures that appeals are heard by specialized forums and that judicial review is focused on higher levels of the legal system, such as the National Commission or the Supreme Court.
Timeframe for Filing Appeals
Section 27(3) stipulates a strict 30-day time limit for filing appeals from the date of the order passed by any forum (District Forum, State Commission, or National Commission). The time frame is designed to ensure the speedy resolution of consumer disputes.
However, there is a provision for extension of time. If the appellant can demonstrate sufficient cause for not filing the appeal within the 30-day period, the State Commission, National Commission, or the Supreme Court may entertain the appeal even after the deadline. This allows for some flexibility in cases where the delay was due to reasons beyond the appellant’s control, such as illness, natural calamities, or other unavoidable circumstances.
Key Features of Section 27 on Appeals
- Hierarchical Appeal Structure: Consumers have the right to appeal from one forum to another, moving from District Forum to State Commission to National Commission, and finally to the Supreme Court, if necessary.
- Limited Judicial Review: Appeals can only be filed to higher forums or courts and not to lower courts.
- 30-Day Filing Period: Appeals must be filed within 30 days from the order of the forum. If this period is missed, the appellate body may accept the appeal if the appellant proves there was sufficient cause for the delay.
Conclusion
Section 27 of the Consumer Protection Act, 2019 provides a clear, structured mechanism for appealing decisions made by the various consumer forums. The appellate system ensures that consumers have a means of seeking justice if they believe that the decision made by the lower forums was incorrect. The hierarchical structure, combined with the flexibility to extend the appeal period under certain circumstances, ensures that the process remains fair, accessible, and effective.
If you are facing any issues related to consumer protection or need assistance in filing an appeal, Legal Light Consulting can help. Our experts are well-versed in consumer law and can guide you through the process of filing appeals or challenging an order made by a consumer forum. Contact us for advice and representation to ensure your rights as a consumer are protected