Order XXIV: Appeals under the Consumer Protection Act
Rules for appeals to the Supreme Court against orders of the National Consumer Disputes Redressal Commission (NCDRC), including the distinction between Section 23 of the Consumer Protection Act, 1986 and Section 67 of the Consumer Protection Act, 2019.
Which orders are appealable?
Section 23 of the 1986 Act provided a direct appeal to the Supreme Court against NCDRC orders made in its original consumer-complaint jurisdiction under Section 21(a)(i). Section 67 of the 2019 Act provides an appeal from orders made under Section 58(1)(a)(i) or (ii) of that Act. Section 58 sets out the NCDRC's original jurisdiction for the specified categories of consumer disputes.
Limitation and statutory pre-deposit
Both Section 23 of the 1986 Act and Section 67 of the 2019 Act prescribe a 30-day appeal period and allow late appeals on sufficient cause. The relevant starting point, exclusion of time needed to obtain copies, and any condonation request must be examined against the governing statute and applicable limitation principles, including Sections 4, 5 and 12 of the Limitation Act, 1963.
Under the 1986 Act, the statutory pre-deposit for a person required to pay under the NCDRC order was 50% of that amount or Rs. 50,000, whichever was less. Under Section 67 of the 2019 Act, the corresponding requirement is 50% of the amount ordered, without that Rs. 50,000 ceiling. For proceedings originating under the repealed Act, the applicable regime depends on the savings provisions and judicial interpretation.
How to prepare and file the appeal
The memorandum should identify the impugned NCDRC order, its date of receipt, material facts, precise grounds of challenge and relief requested. Include the authenticated order, relevant case documents, required copies or paper-book sets, court fee and proof of any applicable statutory deposit. Current Registry circulars and electronic-filing directions should also be checked.
Order XXIV: Rule-by-rule provisions
The following retains the substance of the eight rules from the supplied webpage, with the later amendment to the paper-book filing requirement noted. References to the 1986 Act are retained to accurately identify the historical text of Order XXIV.
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) one spare set of the petition and accompanying papers at filing; after curing defects, at least three complete paper-book sets with the original set and a declaration of completeness (as substituted by G.S.R. 670(E), dated 17 September 2019); 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).
Repeal, savings and applicability to pending cases
Section 107 of the Consumer Protection Act, 2019 repeals the 1986 Act while preserving specified prior acts and actions, without prejudicing the operation of Section 6 of the General Clauses Act, 1897. The Supreme Court has considered which appellate deposit requirement applies to complaints instituted before commencement of the 2019 Act. The date of institution and nature of the original proceedings may therefore be significant, even if the NCDRC decided the case later.
Official resources
Refer to the Supreme Court of India for current Rules, practice directions, filing notices and case status; India Code for the Consumer Protection Act, 2019 and Limitation Act, 1963; and the National Consumer Disputes Redressal Commission for Commission information and orders. Check later amendments and case-specific judicial directions before filing.