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Author Topic: Time for appeal in consumer commision  (Read 2495 times)

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Offline manish_gupta@hotmail.com

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Time for appeal in consumer commision
« on: June 21, 2015, 10:41:09 PM »
I had filed a consumer case in a district consumer commission in the state of Telangana. The judgement has been pronounced in my favour, and it has not been appealed. Since the order has not been complied with, I need to file an execution order. My question is this

is it possible for the other party to file an appeal even after the period of 30 days. What percentage of appeals are made after the period of 30 days, generally. Someone I was talking with mentioned that the judges will generally allow an appeal even after the period of 30 days. Need some advise here.

Also, since the state commission is not yet appointed in Telangana, what relief is available to the opposite party?

Thanks in advance for any help. I am really distressed here.

Offline kphk

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Re: Time for appeal in consumer commision
« Reply #1 on: June 21, 2015, 10:50:46 PM »
Yes appeal will be allowed even after delay if a reasonable explaination is given for such a delay. He will approach the state commission of andhra for relief because it still retains the jurisdiction.

Offline manish_gupta@hotmail.com

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Re: Time for appeal in consumer commision
« Reply #2 on: June 21, 2015, 10:54:32 PM »
Thanks kphk.

Do you know, what percentage of appeals are allowed after the 30 day delay? Reasonable explanation is very subjective.

State commission of Andhra Pradesh is not accepting appeals as the state commission for Telangana is constituted, but the appointment of the president has not been done yet.

Offline kphk

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Re: Time for appeal in consumer commision
« Reply #3 on: June 22, 2015, 04:26:06 AM »
Exactly as u said. it is subjective and so it is purely left to the discretion of the presiding officer and percentage looses is importance. Since the forum is constituted, appeals will be accepted and numbered but will not be heard till he officer is appointed. Hence limitation is saved.

Offline manish_gupta@hotmail.com

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Re: Time for appeal in consumer commision
« Reply #4 on: June 22, 2015, 10:48:12 PM »
Thanks again for the reply.

Some indication of how often is that discretion exercised by the presiding officer would help in making a decision.

Given that an appeal is accepted, even after 30 days (an no decision to admit it is made), the other party may approach the high court and get a stay on the execution order from the district court. What are my options here?

Cheers!!!
-Manish

Offline kphk

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Re: Time for appeal in consumer commision
« Reply #5 on: June 23, 2015, 01:21:15 AM »
Discretion exercised depends on the reasons stated for delay. If he gets a stay and appeal is accepted then the it will continue. Orelsr it can be enforced

Offline manish_gupta@hotmail.com

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Re: Time for appeal in consumer commision
« Reply #6 on: June 23, 2015, 03:47:32 AM »
kphk, the question is not about the law that I am asking. I am asking about what happens in practice in courts. In any state commission, for every 100 cases that they hear for admittance of appeal after the 30 day period, how many are accepted, regardless of the reasons cited for the delay? this is a pure data question.

Offline kphk

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Re: Time for appeal in consumer commision
« Reply #7 on: June 23, 2015, 05:52:51 AM »
U ask the bench clerk or the officer in charge in the section, ull get ur answer  :).

Offline Advocate M.Bhadra

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Re: Time for appeal in consumer commision
« Reply #8 on: June 23, 2015, 07:44:16 AM »
Appeal period is 30 days but a petition u/sec.5 of the Limitation Act may be allowed if there is any sufficient cause. If Telengana State Commission is constituted then opposite party have to wait.You should proceed for execution.

M.Bhada,advocate at Kolkata,9836589246

Offline adv.amarnath

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Re: Time for appeal in consumer commision
« Reply #9 on: July 14, 2015, 02:37:48 PM »
It is true as suggested by other persons that appeal can be filed after expiry of appeal period supported with Condonation of Delay petition. In that event you will be given opportunity to heard your statement/ contention. You can go through the petition stating the reasons of delay. If the delay is baseless based on flase statement, you can raise strong objection supported with evidence as well as reasons for objection.

If it is found that the delay petition is baseless and based on false and frivolous statement then the appeal cannot be allowed and will be dismissed. Lots of cases have been dismissed at the hearing of condonation of delay petition.

Regards,

Amarnath Sanyal
Advocate
State Consumer Dispute Redressal Commission, Kolkata
Mob - 9830303322
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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