HASAN AL BANNA
Asked September 05, 2016

Appeal against decision of State Consumer Forum

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Respected Sir, I am an inhabitant of Murshidabad District, West Bengal. I filed a case under CP Act, 1986 in District Forum (CC) against State Bank Of India for issuance of wrong ATM card instead of ‘State Bank Global Card’ for travelling in abroad where I faced inhuman sufferings without money. As the card provided by bank was not working there. I won in the District Forum Rs. 35,000/- as compensation and Rs. 5,000/- as cost. But Bank filed a case (First Appeal) in State Commission (West Bengal) and won. Though I’d strong evidence/ documentary proof, but Judge ordered Judgement (Final Order) on behalf of bank. So, I want to file case against Judge (State Commission/ West Bengal). Now my Questions : 1. In which court should I apply case against Judge like Civil, Criminal or under Consumer Court etc. 2. Where should I apply in District, State or in Supreme Court and in which section? 3. Is there any time limit to file case against Judge as the Date of Order of the State Commission was: 22nd July, 2016. Kindly enlighten me in details. Regards. Hasan Al Banna

Answer 1

Your appeal will be against the previous judgment (not the judge), and it will be in the National Consumer Disputes Redressal Commission, at New Delhi, within a period of thirty days from the date of receipt of the order[1].

Working days: Monday to Friday

Time: 10:00 A.M. to 4:30 P.M.

Address: Ground Floor, ‘Upbhokta Nyay Bhawan’, ‘F’ Block, General Pool Office Complex, INA, New Delhi - 110 023. 

Time limit: within a period of thirty days from the date of the order of the State Commission. Though National Commission may (not guaranteed) entertain an appeal after 30 days if it is satisfied that there was sufficient cause for not filing it within that period. What is sufficient cause, will depend on facts and circumstances and how well you can convince the court that whatever caused the delay was out of your power.

 

First Appeal must be supported by a Notarised attested affidavit with 1+3 sets + Number of Opposite Parties (with File cover).  The First Appeal along with all the copies should be paginated and duly indexed in the following seriatim:-

1.  Index

2.  List of Dates

3.  Memo of Parties (with fresh complete addresses & telephone no.)

4.  Appeal with Notarised attested affidavit

5.  Stay Application, or any other application if any, with Notarised attested affidavit

6.  Application for condonation of delay with Notarised attested affidavit, if beyond limitation. (Within 30 days of receipt of order)

7.  Certified copy of order of State Commission

8.  Copy of Complaint, Pleadings, Evidence, Reply & Rejoinder filed in State Commission and other documents relied on by both parties.(All the Annexures must be attested as True Copy on the last page with name & signature)

9.  Statuary Deposits as per Section 19 of the Consumer Protection Act, 1986 in the form of Demand Draft (i.e., deposit 50 percent of the amount or Rs. 35,000/-, whichever is less: in favour of “The Registrar, NCDRC, New Delhi”)

[Source: Official Website of the National Consumer Disputes Redressal Commission[2]]

 

The Consumer Protection Act mandates that the National Commission must finally dispose the case within 90 days of admitting the appeal. If adjournments are passed, the reasons must be recorded in writing by the Commission.

 

If you wish to further appeal against the National Commission’s judgment, only then will you need to approach the Supreme Court.

 

 

[1] Section 19 of the Consumer Protection Act, 1986

[2] You can find the forms and affidavits at http://ncdrc.nic.in/fa.html

 

 

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