Consumer Protection Act Section 73 — Appeal against order passed under section 72
CHAPTER IV CONSUMER DISPUTER REDRESSAL COMMISSION
Civil
Summary
Sub-section (1) states that despite anything in the Code of Criminal Procedure, 1973, if an order is passed under sub-section (1) of section 72, an appeal can be made on both questions of fact and questions of law. The appeal routes are: from the District Commission to the State Commission, from the State Commission to the National Commission, and from the National Commission to the Supreme Court.
Under clause (a) of sub-section (1), an order made by the District Commission can be appealed to the State Commission.
Under clause (b) of sub-section (1), an order made by the State Commission can be appealed to the National Commission.
Under clause (c) of sub-section (1), an order made by the National Commission can be appealed to the Supreme Court.
Sub-section (2) says that except for what is allowed in sub-section (1), no appeal can be made to any court from any order of a District Commission, State Commission, or National Commission.
Sub-section (3) says that every appeal under this section must be filed within thirty days from the date of the order of the District Commission, State Commission, or National Commission, as applicable. However, the State Commission, National Commission, or Supreme Court, as applicable, may accept an appeal after this thirty-day period if it is satisfied that the appellant had a sufficient reason for not filing the appeal within that time.
Official Text
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), where an order is passed under sub-section (1) of section 72, an appeal shall lie, both on facts and on law from—
(a) the order made by the District Commission to the State Commission;
(b) the order made by the State Commission to the National Commission; and
(c) the order made by the National Commission to the Supreme Court.
(2) Except as provided in sub-section (1), no appeal shall lie before any court, from any order of a District Commission or a State Commission or the National Commission, as the case may be.
(3) Every appeal under this section shall be preferred within a period of thirty days from the date of order of a District Commission or a State Commission or the National Commission, as the case may be:
Provided that the State Commission or the National Commission or the Supreme Court, as the case may be, may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period of thirty days.