Consumer Protection Act Section 41 — Appeal against order of District Commission

CHAPTER IV CONSUMER DISPUTER REDRESSAL COMMISSION

Civil

Summary

Any person who is unhappy with an order passed by the District Commission can appeal against it to the State Commission. The appeal must be based on grounds of fact or law and must be filed within forty-five days from the date of the order, in the form and manner that is prescribed.

The State Commission may accept an appeal even after the forty-five day period has ended, if it is satisfied that there was a sufficient reason for not filing the appeal within that time.

However, if the person appealing is required to pay any amount under the District Commission's order, the State Commission will not hear the appeal unless that person has deposited fifty per cent of that amount in the prescribed manner.

Also, no appeal can be made against any order passed by the District Commission under sub-section (1) of section 81, where that order was made following a settlement reached through mediation under section 80.

Official Text

Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of forty-five days from the date of the order, in such form and manner, as may be prescribed:

Provided that the State Commission may entertain an appeal after the expiry of the said period of forty-five days, if it is satisfied that there was sufficient cause for not filing it within that period:

Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Commission, shall be entertained by the State Commission unless the appellant has deposited fifty per cent. of that amount in the manner as may be prescribed:

Provided also that no appeal shall lie from any order passed under sub-section (1) of section 81 by the District Commission pursuant to a settlement by mediation under section 80.