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Appeal in NCDRC for expunging a disparaging remark by a lower court


21-Mar-2023 (In Consumer Court Law)
A State commission while dismissing an appeal for review of quantum of compensation in an ex-parte case passes in writing a disparaging personal remark against the appellant who now wishes to appeal to NCDRC for expunging the unwarranted insulting remarks. What precedence can he quote? Or will it be a straight forward case? The appellant is not going in appeal for review of compensation.
Answers (3)

Answer #1
771 votes
File an appeal before NCDRC regarding the comments the NCDRC has the power to modify the order..also u may challenge the compensation amount if you wish..as it is advisable...the remarks if nothing to do with merits of the case needs to be removed by ncdrc
Answer #2
995 votes
Depending upon the facts of the Case and reasons assigned for recording disparaging remarks, the person aggrieved can seek expunging of such remarks by way of revision petition. The Revision Petition needs to be filed in the National Commission. Appellant cannot go back to State Commission, as after passing of the final order, the jurisdiction of the State Commission ceased. It cannot review its own order. Remarks can be ordered to be expunged by the National Commission, only if. it is establish from the facts that it was altogether uncalled for and recorded without any lawful reasons.
Answer #3
634 votes
Hi,
Any court or forum should avoid passing in writing a disparaging personal and insulting remarks. If it has been done by state commission, it is sad. You need to challenge that in NCDRC for expunging the unwarranted insulting remarks. Before any precedence, the fact and circumstances of the case are very important.

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