Page 51 - DCOM404_CORPORATE_LEGAL_FRAMEWORK
P. 51
Corporate Legal Framework
Notes 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.
Sec.19A provides that an appeal fi led 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.
Appeal to the Supreme Court against the Orders of National Commission
Any person, aggrieved by an order made by the National Commission, may prefer an appeal
against such order to the Supreme Court, within a period of 30 days from the date of the order.
However, Supreme Court 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 [Sec.23].
Limitation Period (Sec.24A)
The District Forum, the State Commission or the National Commission shall not admit a complaint
unless it is filed within two years from the date on which the cause of action has arisen.
Vacancies or Defects in Appointment not to Invalidate Order (Sec.29A)
No Act or proceeding of the District Forum, the State Commission or the National Commission
shall be invalid by reason only of the existence of any vacancy amongst its members or any defect
in the constitution thereof.
Enforcement of orders of the District Forum, the State Commission or the National Commission.
The Amendment Act, 2002 has substituted Sec.25 by a new section. It provides as follows:
1. Where an interim order made under this Act is not complied with, the District Forum or
the State Commission or the National Commission, as the case may be, may order the
property of the person, not complying with such order, to be attached.
2. No attachment made under Sub-sec.(1) shall remain in force for more than three months at
the end of which, if the non-compliance continues, the property attached may be sold and
out of the proceeds thereof, the District Forum or the State Commission or the National
Commission may award such damages as it thinks fit to the complainant and shall pay the
balance, if any, to the party entitled thereto.
3. Where any amount is due from any person under an order made by a District Forum,
State Commission or the National Commission, as the case may be, the person entitled to
the amount may make an application to the District Forum, the State Commission or the
National Commission, as the case may be, and such District Forum or the State Commission
or the National Commission may issue a certificate for the said amount to the Collector
of the district (by whatever name called) and the Collector shall proceed to recover the
amount in the same manner as arrears of land revenue.
Task Suggest the time frame for decisions of consumer court?
46 LOVELY PROFESSIONAL UNIVERSITY