To whom should I appeal against the order of District Forum
26-Apr-2023 (In Civil Law)
Respected senior lawyers, Kindly advise me that whether I can prefer an appeal directly to National commission against the order of District forum, if the ground of appeal involves the pecuniary jurisdiction of the National commission. More precisely, if the case is decided by the DCF without its pecuniary jurisdiction which is vested with the NC, then can I prefer appeal to NC directly or not? Or should I prefer appeal to SCDRC to refer the case to NC. Regards
Dear Querist.
You should appeal to State Commission. Because NC will not entertain you. and please also take ground of pecuniary jurisdiction before the state commission and pray for quash the order of District forum.
You should appeal to State Commission. Because NC will not entertain you. and please also take ground of pecuniary jurisdiction before the state commission and pray for quash the order of District forum.
Sir firstly you have to tell that whether district forum has dismissed your case because of non jurisdiction or district court properly decided your case if district court decide your matter without jurisdiction then you can file appeal against it otherwise file your case directly before the national consumer forum.
An appeal can be preferred against the order of district forum to the state commission and from state commission to the national commission .whether applicant has filed an application on the correct forum or not is to be decided by the district forum at the earliest. If the application exceeded pecuniary jurisdiction the district forum is not entitled to entertain the application.
The appeal against the order passed by District Forum lies to the State Consumer Dispute Redressal Commission under section 15 of the Consumer Act, within a period of thirty days from the date of the order, even if the question of jurisdiction is involved in this matter.
Dear Sir,
You have to file an appeal as per Section 15 of the CPA and in accordance therewith, you should file before the SCDRC. You can approach the NCDRC only after exhausting the right to first appeal (i.e. before the SCDRC).
In regards your pecuniary jurisdiction, if the Case was wrongly filed before the DCF and you are of the opinion that pecuniary jurisdiction exists only with the NCDRC, this is attributable to your fault or that of your counsels at the first instance leading to the filing of Complaint before the DCF.
Therefore, maintaining abundant caution approach the SCDRC as under Section 15 on the ground that the order of the DCF is without jurisdiction and bad in law. Accordingly have it set aside, by the SCDRC as if you do not it will attain finality.
Thereafter, seek permission of the SCDRC for granting of liberty to file the complaint afresh before the competent forum i.e NCDRC.
You have to file an appeal as per Section 15 of the CPA and in accordance therewith, you should file before the SCDRC. You can approach the NCDRC only after exhausting the right to first appeal (i.e. before the SCDRC).
In regards your pecuniary jurisdiction, if the Case was wrongly filed before the DCF and you are of the opinion that pecuniary jurisdiction exists only with the NCDRC, this is attributable to your fault or that of your counsels at the first instance leading to the filing of Complaint before the DCF.
Therefore, maintaining abundant caution approach the SCDRC as under Section 15 on the ground that the order of the DCF is without jurisdiction and bad in law. Accordingly have it set aside, by the SCDRC as if you do not it will attain finality.
Thereafter, seek permission of the SCDRC for granting of liberty to file the complaint afresh before the competent forum i.e NCDRC.
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