Consumer Protection Law: Appellate Jurisdiction of National Commission

As per Section 21(a) (ii) of the consumer protection law in India, the National Commission is empowered to consider appeals against the order passed by any State Commission. An appeal can be made to the National Commission only for the subject matters for which the State Commission has already given the order by using its power under original jurisdiction.

Consumer Protection Law:  Appeal Should Be Submitted Within 30 Days from Date of Order

A complainant should preferably appeal to the National Commission within a time period of 30 days from the date of the order passed by the State Commission. The period of thirty days is to be considered not from the date on which the order was passed but from the date on which, it was brought in to knowledge of the appellant.

If possible, the appeal should be settled within 90 days from the date of hearing.

Consumer Protection Law: A Case of Appellate Jurisdiction

In a landmark case Dr. Jagannath Mondal v. Smt. Soma Roji, (1996) II CPR 129 (Cal.HC) the petitioner filed a case stating that under section 21, of the Consumer Protection Act, 1986, an appeal cannot be made with the National Commission against an order passed by the State Commission, but can be made only against judgment passed by the State Commission.

However, the Calcutta High Court ruled that section 21(a)(ii) of the Act, provides that the National Commission is authorized to settle appeals made against the order of the State Commission. It also held that it is incorrect to submit that an appeal is available only against a judgment and not against an order passed by the State Commission.