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Clarification on filing appeal in District consumer forum for refund
27-Mar-2023 (In Consumer Court Law)
Hello, Case filed on: Sony, for electronic product worth rs 39000. District forum passed an order: "The complaint filed by the complainant U/s. 12 of the Consumer Protection Act, 1986 is allowed in part. Ops 1 & 3 are directed to pay a sum of Rs 20,000 to the complainant together with litigation cost of Rs 8000." My mobile is still with the service center and probably this point was not highlighted well when I represented my case and the documents submitted might have been overlooked. I would like to contest it in District forum to get a full refund. Can I collect the cheque from Sony now as per State Consumer Forum order and still appeal at District Consumer Forum or should I not take the cheque? Could you please suggest a best way to proceed?
Sir,
As you informed in your issue, that the Hon'ble forum left certain points, while passing the order. You cant file a once again in the district forum. Apart from this you can challenge the same before the State Consumer Forum. There you can say that the trial court left these points while passing the order.
Apart from that, please go through the judgment and check on what basis the forum not awarded the amount you claimed for.
Here you cant ask directly from the Sony center. Please issue a notice to them to hand over the amount as awarded by the tribunal along with a copy of the judgment. If they came for settlement ok. If not please file the execution case and take back your amount.
As you informed in your issue, that the Hon'ble forum left certain points, while passing the order. You cant file a once again in the district forum. Apart from this you can challenge the same before the State Consumer Forum. There you can say that the trial court left these points while passing the order.
Apart from that, please go through the judgment and check on what basis the forum not awarded the amount you claimed for.
Here you cant ask directly from the Sony center. Please issue a notice to them to hand over the amount as awarded by the tribunal along with a copy of the judgment. If they came for settlement ok. If not please file the execution case and take back your amount.
Helpful?
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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Hi,
Please comply with the order of District forum and collect the sum of money as being directed in the order. First collect this amount from the respective company , thanks for writing. Please feel free to contact me
Please comply with the order of District forum and collect the sum of money as being directed in the order. First collect this amount from the respective company , thanks for writing. Please feel free to contact me
Helpful?
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Yes you can file appeal as well collect cheque for Rs.28,000/- from the Company. You have to file Appeal before limitation period and state about the fact that the product is still with the Company.The limitation is period is 30 days from the date of receipt of Order.
Helpful?
23+
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Adv. Geetha D Philip
Bangalore | 100+ Answers
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Hi, you can collect the cheque as per the District Forum Order. Subsequently you have the right to prefer appeal before the State Commission for remaining claim. However, limitation to file appeal is only 30 days from the date of order. You better file revision petition immediately as the limitation for filing revision is 90 days from the date of order.
Helpful?
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Adv. Madhu N R
Bangalore | 25+ Answers
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