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Unit 13: Consumer Protection Act

Appeal Notes

Section 15 entitles a person aggrieved by an order of the District Forum to prefer an appeal to the
State Commission. Similarly any person aggrieved by any original order of the State Commission
may prefer an appeal to the National Commission under Section 19. Likewise, any person
aggrieved by any original order of the National Commission may prefer an appeal to the
Supreme Court, under Section 23.
All such appeals are to be made within thirty days from the date of the order. However, the
concerned Appellate authority may entertain an appeal after the said period of thirty days if it
is satisfied that there was sufficient cause for not filling it within the prescribed period. The
period of 30 days would be computed from the date of receipt of the order by the appellant.

It may be noted that no appeal by a person, who is required to pay any amount in terms of an
order of the District Forum/State Commission, shall be entertained by the State Commission/
National Commission respectively unless the appellant has deposited in the prescribed manner
fifty percent of that amount or twenty five thousand rupees/thirty-five thousand respectively,
whichever is less. It may be observed that appeals are allowable only against the original orders
passed by the concerned redressal agency. Appellate orders passed by the State Commission or
National Commission (i.e. on appeal against the orders of the District Forum or State
Commission) cannot be further appealed against though on questions of law revision petitions
may be filed. So also, the revisional orders passed by the State Commission or the National
Commission are not appealable.

Penalties

Section 27 of the Act deals with penalties and provides that failure or omission by a trader or
other person against whom a complaint is made or the complainant to comply with any order
of the District Forum, State Commission or the National Commission shall be punishable with
imprisonment for a term which shall not be less than one month but which may extend to three
years, or with fine of not less than 2,000 but which may extend to 10,000, or with both.
However, on being satisfied that the circumstances of any case so require, the District Forum or
the State Commission or the National Commission may impose a lesser fine or a shorter term
of imprisonment. Section 27(3) prescribes that all offences under the Act to be tried summarily.

After conduct of the proceedings, if the relevant forum is satisfied that the allegation contained
in the complaint about the service are proved, the following penalties may be imposed.
(a) Pay such amount as may be awarded by it as compensation to the Consumers for any loss or
injury suffered by him.
(b) To remove the defect or deficiencies in the services in question
(c) To provide for adequate costs of parties.

Any person aggrieved by an order made by the District Forum may prefer an appeal against
such an order to the State Commission within a period of 30 days from the date of the order.
In spite of the format of complaints directed in http://www.indiastudychannel.com/resources/
41681-Procedures-for-Complaints-under-Consumer.aspx the beneficiaries should preferably
route his complaints through his department which could arbitrate in the matter before
forwarding the same to the Consumer Forum.
This will help in elimination of frivolous or vexatious complaints.

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