Can You Appeal an NCDRC Order in the Supreme Court?
When you get an adverse order from the NCDRC it's always very disheartening. You could have spent years to get compensation for your delayed flat, deficient product, insurance denied or deficiency in services. After filing all your papers and court hearings you might get a disappointing result.
There are people who will not get justice from the NCDRC they might get an adverse order. Some may be compensated but it could be less than what they suffered. Business, builders, insurance companies and service providers might get large amounts refunded to consumers or compensation.
So can I go to the Supreme Court against an order by NCDRC?
Yes you can. It depends on the type of Jurisdiction under which the order was passed by the NCDRC.
Any person who is aggrieved by any order of the NCDRC in original Jurisdiction can approach the Supreme Court of India. Under section 67 of the Consumer Protection act 2019 one can file an appeal within 30 days from the date of the order. Supreme Court can condone the delay if there is good reason.
If the NCDRC order was in Appellate or revisional Jurisdiction you can't directly appeal under Section 67.
You can contact BK Singh Advocate NCDRC Lawyers to look into your adverse order and if there are grounds to challenge and limitation period.
What matters is not just that you feel your order was wrong but is it permissible in Law to challenge your order.
Knowing what orders are appealable can save you from choosing the wrong remedy.
Why NCDRC Appeals Matter for Consumers in India
Consumer matters usually have a high amount of money at stake. There are usually several years between purchase and receiving what you are owed. Your life savings may be on the line if you lose a NCDRC order. Whether it's your business debts or your money that will never see you again.
You purchased an apartment in Noida and after several years of waiting for possession the NCDRC may decide to throw out your complaint or provide a disputed amount. You may want to have this looked at in court.
An Insurance company could also take issue with an order telling them to pay you a certain amount. Or your builder may feel the judge went to far with the ruling on what was promised to you.
These can be big amounts of money at stake.
People from all over India can have there cases in front of the NCDRC. Delhi, Ghaziabad, Gurugram, Faridabad, Lucknow, Jaipur. Mumbai, Pune, Bengaluru, Hyderabad, Chennai etc.
Though the NCDRC is located in New Delhi their orders can reach you anywhere in India.
NCDRC Lawyers can help you with Consumer Complaints, Adverse NCDRC Orders and help you determine what your next steps may be.
Once you have received your order its best to look into when the order was made. What jurisdiction the commission used and your file information.
Quick Facts
- Law to be followed: Consumer Protection Act, 2019
- Forum to approach: Supreme Court of India if order of NCDRC falls under the criteria.
- Provision: Section 67 along with Section 58(1)(a)(i) & (ii)
- Limitation: 30 days from date of order by NCDRC. Can be condoned.
- Pre deposit: If conditions are met then pre deposit of 50% of the amount payable is required.
- Order which can be challenged: All orders passed by NCDRC as appellate/revisional authority will not fall under section 67.
- No automatic stay: Merely filing an appeal will not stay the order of NCDRC.
Understanding the Right to Challenge an NCDRC Order
One can file an appeal to NCDRC before Supreme Court as provided by law. An appeal can only be filed if you are an aggrieved person against certain orders of National Commission for Consumer Disputes Redressal. Whether you can file an appeal will depend on what type of proceedings were conducted before National Commission and under which section they were given powers.
We need to differentiate between two things.
What is an Appeal? An appeal is where you challenge an order by using the appropriate mechanism as given to you by law. Special leave petition is asking Supreme Court to grant you leave to appeal against a certain order under article 136 of the constitution of India.
So they are not same.
If you are aggrieved by an order passed by NCDRC you cannot simply choose to file under section 67 as supreme court is the apex court of the country.
You can take help from BK Singh Advocate to know if the order you wish to challenge comes under appeal or what other options you have to look into.
Can Every NCDRC Order Be Appealed to the Supreme Court?
No. Section 67 doesn't allow an appeal to be filed against all decisions passed by NCDRC. It would mostly apply to the orders passed in exercise of original jurisdiction u/s 58(1)(a)(i) and (ii). In case the NCDRC passes any order in appeal or revision it has to be viewed differently.
This has been observed by the Supreme Court while dealing with various aspects of the Act.
A complaint which is heard by the NCDRC may attract section 67.
However if the NCDRC hears an appeal from a decision of the State Commission there is no second appeal available under section 67.
There may be other Constitutional remedies available depending upon the type of order and the law applicable.
This will save people money when they approach a wrong forum to challenge an order of NCDRC.
You can always consult BK Singh Advocate to know the true nature of an order passed by NCDRC.
What Grounds Can Support a Supreme Court Appeal?
The complainant should not be left unhappy with the compensation awarded or facts recorded in the case. He has to establish that there was error warranting intervention under the jurisdiction of appeal available to him.
Some of them being:
- Misconstruction or wrong application of Consumer Protection Act.
- Wrong application of law which led to decision.
- Findings which are based on grave appreciation of material facts.
- Any crucial question put forth by any party was not considered.
- No Jurisdiction or material irregularity leading to unfairness.
- Any relief which was granted contrary to law.
- Grave mistake while appreciating facts relating to contract.
It may not always amount to a ground of appeal if you disagree with certain facts.
Builder Buyer / Real Estate cases
A home buyer can approach against the order passed on non delivery of possession, refund of amount or compensation. Or if any provision of builder buyer agreement was misconstrued.
Insurance related cases
There could be various grounds on which one can appeal in insurance matters. Some of them being exclusion clause, repudiation of claim, non disclosure or construing provisions of insurance.
Banking / Financial Cases
One can question the order passed on fraud done without knowledge of customer or service deficiency or amount payable.
NCDRC Lawyers can help you understand if there is scope for challenging the order on legal basis.
Documents Required for an NCDRC Appeal
You should look into what records you have at hand while appealing against a order by the consumer commission. Sometimes it is difficult to understand the grounds on which the order was passed adversely if certain documents are missing.
These include but are not limited to
- Certified copy of NCDRC Order/Any other mode of proof as may be necessary.
- Complaint filed before the Consumer forum.
- Written Arguments and Rejoinders.
- Affidavits and Documents.
- Interim Orders if any.
- Agreements, Bills and Cheque payments etc.
- Correspondence pertaining to the grievance.
- Documents placed on record before the NCDRC.
- Documents which you would wish to place on record while filing your Appeal.
- Documents pertaining to limitation / Deposit amount / Interim Relief etc.
- If it is regarding Property Possession Letter/Allotment letter/Payment details/Construction correspondence etc. may be necessary.
- In case of Insurance Claim form/Policy/Survey report/Letter of Repudiation etc. may be required.
BK Singh Advocate can be reached out to see what documents are available with you which you can base your appeal on.
When Should You Consult a Lawyer?
One should seek legal advice once they have received a negative order from the NCDRC. This could be necessary if you have a time period within which you must file something.
If the order asks you to pay a significant amount or denies you a large amount or involves any issues around the law/jurisdiction it may be wise to speak to a lawyer.
You may require legal advice if there is likely to be execution of an order or you wish to apply for some form of interim relief.
Will my appeal stay the order?
No, an appeal will not stay an order made by the NCDRC.
You may need to apply to the Supreme Court for some form of relief and they will decide whether this is appropriate.
It is important to remember that the order will still be enforceable just because you have drafted or lodged an appeal.
Speak to our NCDRC Lawyers about what your options are when faced with a negative order.
How Can NCDRC Lawyers Help With Supreme Court Appeals?
NCDRC Lawyers give advice on all Consumer issues pertaining to National Commission, Orders passed against you and what more can be done.
This could include reading the order from NCDRC, if it is appealable in law. Whether any mistake of law was committed. Limitation and drafting of suits etc.
BK Singh Advocate can be approached in cases of high compensation or your complaint being dismissed and various other situations regarding consumers rights.
If you have been affected as a consumer, home buyer, insured, company or service provider. Check out NCDRC Lawyers for information on how we can help.
All appeals will vary on facts of the case, jurisdiction of commission and what remedy can be granted.
Frequently Asked Questions
1. Whether I can appeal NCDRC Order directly to Supreme Court?
Yes you can if the NCDRC Order comes under the ambit of section 67 Consumer protection act 2019. Appeals against orders passed by NCDRC in its appellate / revisional jurisdiction doesn't have this provision.
2. Time Limitation to file NCDRC Appeal?
Section 67 allows you to appeal within 30 days. Supreme Court can condone the delay if sufficient cause is proved.
3. Whether Supreme Court can reverse an order of NCDRC?
Yes they can pass such orders if the matter is brought before them and it falls within the ambit of what they can do. It will depend upon your case.
4. Do I need to hire a Lawyer for filing Appeal?
You can represent yourself if allowed by the Supreme Court rules. If you feel that there are questions whether you can file an appeal or what grounds to proceed with and issues with limitation and amount of money involved. Then it's better to take help of a Lawyer.
5. Whether Builder can file appeal against refund order of NCDRC?
Builder can file a statutory appeal if they satisfy the conditions as per section 67. This includes paying pre deposit. Contact BK Singh Advocate for more information regarding your order and what you can do.
6. Whether Insurance Company can challenge NCDRC Decision?
If there is a remedy that can be applied to that situation. It can depend on the order that was passed and if it was in their appellate jurisdiction or not.
7. Can Supreme Court stay the Order of NCDRC?
If it falls within the purview of law. Just because you file an appeal doesn't mean you can't be executed on that order. They can allow you an interim if required.
8. What if I file my appeal after 30 days.
You can try to get a section 67 appeal if you can prove sufficient cause why you were late. Try to explain to Supreme Court why you were not able to file your appeal.
9. Is SLP the same as Appeal to NCDRC Order?
No they are different things. Section 67 allows you to file a statutory appeal and SLP is asking for Special Leave.
10. Who can I contact for Legal Help?
Contact NCDRC Lawyers. They can help you with any queries regarding orders passed by Consumer Commissions. What you can do will depend upon the order that was passed and laws applicable to it.
Final Thoughts
Yes if the case comes under Section 67 of Consumer protection act 2019 then one can appeal to Supreme Court. Some other order passed by NCDRC needs to see into what other option is available.
There is difference between original petition, appeal and revision petition. Limitation period should also be taken into account. Whether pre deposit has to be done or not, what are the grounds on which one can challenge the order and whether there is any risk of execution etc.
Consulting at right time will save your remedy from falling off due to ignorance.
In case of an unfavorable order from consumer commission you can reach out to us BK Singh Advocate NCDRC Lawyers to know about your situation and what options are available to you.
