Page 169 - DCOM103_COMMERCIAL_LAW

Commercial Law

Notes 16.4 Appeal

16.4.1 Appeal to State Commission

Any person aggrieved by an order made by the District Forum may prefer and appeal against such
order to the State Commission within a period of 30 days from the date of the order. However,
the State Commission may entertain an appeal after the expiry of the said period of 30 days if it

is satisfied that there was sufficient cause for not filing it within that period.
A proviso to S.15 provides that no appeal by a person, who is required to pay any amount in
terms of an order of the District Forum, shall be entertained by the State Commission unless the
appellant has deposited 50 per cent of that amount or ` 25000, whichever is less.
Section 17B provides that the State Commission shall ordinarily function in the State Capital but
may perform its functions at such other place as the state government may notify from time to
time. This is known as constitution of Circuit Benches.

Procedure Applicable to State Commissions

The provisions of Ss.12, 13 and 14 (Discussed under procedure applicable to District Forums)
and the rules made there under for the disposal of complaints by the District Forum shall, with

such modifications as may be necessary, be applicable to the disposal of disputes by the State
Commission [s.18].
16.4.2 Appeal to National Commission

Any person aggrieved by an order made by the State Commission may prefer an appeal
against such order to the National Commission within a period of 30 days from the date of the
order [s.19].

No appeal by a person who is required to pay any amount in terms of an order of the State
Commission, shall be entertained by the National Commission, unless the appellant has deposited
50 per cent of the amount or ` 55000 whichever is less.
Section 19A provides that an appeal filed before the state commission or the National Commission

shall be heard as expeditiously as possible and an endeavour shall be made to finally dispose of
the appeal within a period of 90 days from the date of its admission.
16.4.3 Power and Procedure Applicable to the National Commission [S.22]

Section 22 has been substituted by a new section by the Amendment Act 2002. It provides as
follows:
1. The provisions of section 12, 13 and 14 and the rules made there under for the disposal
of complaints by the District Forum shall be applicable to the disposal of disputes by the
National Commission.

2. The National Commission shall have the power to review any order made by it, when there
is an error apparent on the face of the record.
Power to set aside ex parte orders: Section 22A provides that where an order is passed by the
National Commission ex parte against the opposite party or a complainant, as the ase may
be, the aggrieved party may apply to the Commission to set aside the said order in the
interest of justice.

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