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Order XXIV - Appeals under Section 23 of the Consumer Protection Act 1986 (68 of 1986) : Supreme Court Rules 2013


How to file Appeals under Section 23 of the Consumer Protection Act 1986? Order XXIV of Supreme Court Rules 2013


Order XXIV of Supreme Court Rules 2013 : "Appeals under Section 23 of the Consumer Protection Act 1986"

1. The petition of appeal from an order made by the National Consumer Disputes Redressal Commission (hereinafter referred to as 'The National Commission') under sub- clause (i) of clause (a) of section 21 of the Consumer Protection Act, 1986 (68 of 1986), shall, subject to the provisions of sections 4, 5 and 12 of the Limitation Act, 1963 (36 of 1963), be presented by an aggrieved person within thirty days from the date of the order sought to be appealed against:



Provided that for computing the said period, the time requisite for obtaining a copy of such order shall be excluded.

2. The petition of appeal shall recite succinctly and clearly all the relevant facts leading up to the order appealed from, and shall set forth in brief the objections to the order appealed from and the grounds relied on in support of the appeal. The petition shall also state the date of the order appealed from as well as the date on which it was received by the appellant.

3. The petition of appeal shall be accompanied by: -

(i) an authenticated copy of the order appealed from;

(ii) at least three spare sets of the petition and the papers filed with it; and

(iii) a Bank draft for rupees fifty thousand or fifty percent of the amount whichever is less, required to be paid by the person intending to appeal, in terms of the order of the National Commission, drawn in favour of the Registrar, Supreme Court of India, payable at New Delhi.

4. After the appeal is registered, it shall be put up for hearing ex-parte before the Court which may either dismiss it summarily or direct issue of notice to all necessary parties or may make such orders as the circumstances of the case may require.

5. Affixed Court fee of Rs.5000/- shall be payable on the petition of appeal under this order.

6. The amount so deposited by the appellant in terms of the provisions of clause (iii) of rule 3 will remain
in the Suitors' Fund Account till the disposal of the appeal or till such time as the Court may direct from time to time.

7. If the appeal is allowed by the Court the amount deposited by the appellant would be refunded to him without interest but if it is dismissed, the same will be allowed to be withdrawn by the respondent or may be disbursed as per the direction of the Court in that behalf.

8. Save as otherwise provided by the rules contained in this order, the provisions of other orders shall apply so far as may be, to appeals under section 23 of the Consumer Protection Act, 1986 (68 of 1986).


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