APPEAL BEFORE STATE COMMISSION UNDER SECTION 15 OF CONSUMER PROTECTION ACT

Guideline for Drafting an Appeal Before State Commission Under Section 15 of the Consumer Protection Act:

Introduction: Start by addressing the appeal to the President or Presiding Officer of the State Consumer Disputes Redressal Commission. Clearly state your intent to file an appeal against a previous order or decision of the District Forum.

Appellant's Information: Provide your full name, contact details, and any other relevant identification information. Include the date of filing the appeal.

Case Details: Include the details of the original case, including the District Forum's case number, the names of parties involved, and the date of the District Forum's order or decision that you are appealing.

Grounds for Appeal: Clearly state the grounds for your appeal, outlining the reasons why you believe the District Forum's decision was erroneous or unjust. Reference specific legal points or facts that support your appeal.

Prayers for Relief: Specify the relief or remedies you are seeking from the State Commission, which may include setting aside the District Forum's decision, ordering a rehearing, or granting the desired compensation or relief.

Supporting Documents: Attach copies of all relevant documents, including the District Forum's order, any evidence presented during the previous proceedings, and any legal provisions or precedents that support your appeal.

Legal Basis: Reference the relevant sections of the Consumer Protection Act and any other applicable laws that support your appeal.

Affidavit: Include an affidavit verifying the facts stated in the appeal.

Deadline: Ensure that your appeal is filed within the stipulated timeframe as per the Consumer Protection Act or any relevant regulations.

Contact Information: Provide your preferred contact information for further communication and hearing notifications.

Acknowledgment: Request an acknowledgment of the appeal from the State Commission.

Legal Counsel: If the matter is legally complex, consider consulting with a legal expert to strengthen your case.

Common Mistakes to Avoid:

Lack of Grounds: Clearly and comprehensively state the grounds for your appeal, as vague or unsupported claims may lead to dismissal.

Missing Deadline: File the appeal within the specified timeframe, as delays may result in your appeal being rejected.

Inadequate Documentation: Ensure that all relevant documents and evidence are attached to the appeal to strengthen your case.

Failure to Reference Laws: Clearly reference the applicable legal provisions and precedents that support your appeal.

Not Seeking Legal Advice: If needed, consult with a legal expert to ensure that your appeal is legally sound and effectively addresses your grievances.

An appeal before the State Consumer Disputes Redressal Commission is used when a consumer wishes to challenge a previous decision or order of the District Forum. Following these guidelines and avoiding common mistakes ensures that your appeal is well-structured, legally sound, and effectively communicates your grounds for appeal to the State Commission for further consideration and resolution.