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Simultaneous appeal by complainant and respondent against same order


19-Dec-2023 (In Consumer Court Law)
I am the complainant in a consumer case. The case was decided in my favor however the compensation was not fair and I appealed in State Consumer Commission which was admitted however the notices were still pending to be served, the next day I approached the registrar to get the notices and learnt that respondents also filed the appeal against the same order of District Consumer Forum saying that compensation awarded is too high. The State Consumer Commission allowed such appeal of respondents giving a stay on any further proceeding and asked it to be heard on the same date as given to me for next hearing. Has the court erred in allowing the other appeal given that I have first filed an appeal. Are there any provisions under Consumer Act or CPC to stop the later appeal filled by respondents. I am wondering how to contest this scenario should I press my point or shall I contest the points raised in appeal by the respondents or both.
Answers (4)

Answer #1
520 votes
Dear Client, you are hereby advised to pursue the present appeal and file a counter claim in the reply. You are suggested to pray for higher compensation in your reply. You cannot file another appeal of the same order.
Answer #2
824 votes
Hi.

Please note that firstly two appeals, one by the complainant and one by the respondent, can lie against the same order.

Further, there is no procedural error on part of the State Commission staying the order of the District Forum in the appeal filed by the Respondent while issuing only notice in yours, as they would have challenged the order of the District Forum as a whole whereas your case is limited to the compensation amount being unsatisfactory. Further, it would also depend whether you had filed an application for stay in your appeal.

Having said that, you can challenge the stay granted by the State Commission by filing a miscellaneous application for vacation of stay before the State Commission or file a revision petition before the National Commission, however, the appropriate recourse would depend on the facts and circumstances of the case.

Hope the above is helpful.
Answer #3
878 votes
Order 41, Rule 22 of CPC provides the procedure for filing of separate appeal. it is clear that the separate appeal is maintainable. In this scenario, you can file a cross objection in an appeal filed by the respondent.
Answer #4
884 votes
Hi, the forum has not erred and both the cases will be heard together. From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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