Section 41 of The Consumer Protection Act, 2019
Appeal against order of District Commission.
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.
Summary
- Any person who is unhappy with a District Commission's order can appeal to the State Commission.
- The appeal can be based on mistakes of fact or mistakes of law.
- The time limit to file an appeal is forty five days from the date of the District Commission's order.
- The State Commission can accept a late appeal if the person has a very good reason for the delay.
- If the order requires a person to pay money, they must deposit fifty percent of that amount before the appeal is heard.
- No appeal is allowed if the order was based on a settlement reached through mediation.
Practical examples
FAQ
1. How much money do I have to pay upfront to appeal?
You must deposit fifty percent (half) of the total amount the District Commission ordered you to pay.
2. What are the grounds for an appeal?
You can appeal based on the facts of the case (what happened) or the law (how the rules were applied).
Test yourself
1.Under Section 41 of The Consumer Protection Act, 2019, what is the standard time limit for filing an appeal to the State Commission?
2.According to Section 41 of The Consumer Protection Act, 2019, how much of the ordered amount must an appellant deposit before the State Commission entertains the appeal?
3.Under Section 41 of The Consumer Protection Act, 2019, which type of order can NEVER be appealed?
4.If a party files an appeal fifty days after the District Commission's order, can the State Commission still hear it under Section 41 of The Consumer Protection Act, 2019?