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Validity of Cross Appeals of consumer forum in state commission
10-Mar-2023 (In Consumer Court Law)
CPC is not applicable in totality to complaints filed in Consumer Fora and limited to provisions made in section 13(4) of Consumer Protection Act, further cross-objection( a form of appeal in a sense) is not maintainable in consumer case proceedings so then is cross appeal maintainable in consumer case proceedings. Answers with case law requested. Otherwise also under which section/order do cross appeals lie in a normal civil suit? The matter is that I filed an appeal in State Commission against the district consumer forum order that compensation awarded is low the opposite party also filed and appeal in State Commission after I filed the appeal that the compensation awarded is too high and succeed in obtaining a stay on the district forum order. The question now is that whether such cross appeal is maintainable.
Appeals by both the parties are maintenable but the commission will pass common order/judgment against both the appeals. Appeal to the state commission is under section 15 of the consumer protection act. There is nothing in law which says that 2 appeals are not maintenable against one order. AIR 1996 SC 839
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Adv. Suparna Sinha
Delhi | 25+ Answers
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Hi Sir,
state commission can try both the appeals summarily and decide the case as per them. And on the question of applicability of CPC on that is ... these type of forums are held as tribunals and they follow the principles of natural justice but works under the cloud of CPC and it is vested with the powers of civil court in case of decree execution etc.
on the question of Case law request, kindly submit the previous judgement of National commission
state commission can try both the appeals summarily and decide the case as per them. And on the question of applicability of CPC on that is ... these type of forums are held as tribunals and they follow the principles of natural justice but works under the cloud of CPC and it is vested with the powers of civil court in case of decree execution etc.
on the question of Case law request, kindly submit the previous judgement of National commission
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Adv. Deepak Gandhi
Delhi | 100+ Answers
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Yes such appeals are maintainable. If you are feeling aggrieved by the order of district forum and going on appeal to enhance the compensation and the other party is aggrieved by the order of the district forum and filing an appeal against it to lessen the compensation amount, both the appeals are valid. generally court connect these appeal and hear both the parties.
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Adv. Neha Singh
Delhi | 25+ Answers
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