Appeal to National Commission and Hearing of Consumer Appeals
The law governing consumer appeals is now contained principally in the Consumer Protection Act, 2019. For appeals from specified orders of a State Consumer Disputes Redressal Commission to the National Consumer Disputes Redressal Commission, the relevant provisions are Section 51, dealing with the appeal, and Section 52, dealing with hearing and disposal of the appeal.
Current law at a glance
| Provision | Subject | Key rule |
|---|---|---|
| Section 51, Consumer Protection Act, 2019 | Appeal to National Commission | Provides for an appeal from specified orders of the State Commission, ordinarily within 30 days, subject to the statutory conditions. |
| Section 52, Consumer Protection Act, 2019 | Hearing of appeal | Requires expeditious hearing and states that every endeavour should be made to dispose of the appeal within 90 days from admission. |
Section 51 of Consumer Protection Act, 2019: Appeal to National Commission
Meaning: Section 51 provides the statutory route for challenging specified orders of the State Commission before the National Commission.
Under Section 51(1), a person aggrieved by an order made by the State Commission in exercise of the powers specified in Section 47(1)(a)(i) or Section 47(1)(a)(ii) may prefer an appeal to the National Commission. The ordinary limitation period is 30 days from the date of the order.
The National Commission may entertain an appeal filed after 30 days where it is satisfied that there was sufficient cause for the delay. Where the appellant is required to pay an amount under the State Commission's order, the appeal is not to be entertained unless the appellant deposits 50 per cent of that amount in the prescribed manner.
Section 51 also provides for an appeal from an order passed by a State Commission in appeal where the National Commission is satisfied that the case involves a substantial question of law. The memorandum of appeal must precisely state that substantial question, and the National Commission is to formulate the question when satisfied that such a question is involved. The section also permits an appeal from an ex parte order of the State Commission.
Section 52 of Consumer Protection Act, 2019: Hearing of appeal
Meaning: Section 52 governs the manner and expected speed of hearing an appeal before the State Commission or the National Commission.
An appeal is to be heard as expeditiously as possible, and every endeavour is to be made to dispose of it within 90 days from the date of admission.
An adjournment should not ordinarily be granted unless sufficient cause is shown, and the Commission must record its reasons for granting the adjournment in writing. The Commission may also make an order regarding costs caused by the adjournment as specified by the applicable regulations.
If an appeal is disposed of after the statutory 90-day period, the State Commission or National Commission, as applicable, is required to record in writing the reasons for the delay when disposing of the appeal.
Practical points before filing an appeal
Before filing, identify whether the impugned State Commission order is appealable under Section 51, calculate limitation from the date of the order, and check whether the statutory 50 per cent deposit applies. Where the appeal is from an appellate order of the State Commission, the substantial question of law requirement under Section 51 should be addressed specifically in the memorandum of appeal.
Procedure and filing requirements should also be checked against the current Consumer Protection Rules and applicable National Commission regulations or practice directions.
Legacy reference: Sections 19 and 19A of Consumer Protection Act, 1986
The earlier Consumer Protection Act, 1986 used Section 19 for an appeal from the State Commission to the National Commission and Section 19A for hearing of appeals. Section 19 prescribed a 30-day appeal period, permitted delayed appeals on sufficient cause, and contained a pre-deposit requirement. Section 19A required expeditious hearing, contemplated disposal within 90 days from admission, restricted routine adjournments, and required written reasons where disposal exceeded the prescribed period.
These provisions remain relevant when researching proceedings governed by the repealed 1986 Act, but they should not be presented as the principal current provisions for new proceedings under the Consumer Protection Act, 2019.
Official legal resources
For the authoritative statutory text and current rules, consult the official Government of India sources linked in the sidebar. The statutory text should be checked before filing because procedural rules and regulations may be amended.
Disclaimer: This article is for general legal information. It is not a substitute for legal advice on the facts of a particular case.