CPA 51 — Appeal to National Commission

Consumer Protection Act, 2019

Statutory text

(1)  Any  person  aggrieved  by  an  order  made  by  the  State Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 47 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed:
Provided  that  the  National  Commission  shall  not  entertain  the  appeal  after  the  expiry  of  the  said period of thirty days unless it is satisfied that there was sufficient cause for not filing it within that period:
Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the  State  Commission,  shall  be  entertained  by  the  National  Commission  unless the  appellant  has deposited fifty per cent. of that amount in the manner as may be prescribed.
(2)  Save  as  otherwise  expressly  provided  under  this  Act  or  by  any  other  law  for  the  time  being  in force,  an  appeal  shall  lie  to  the  National  Commission  from  any order  passed  in  appeal  by  any  State Commission, if the National Commission is satisfied that the case involves a substantial question of law.
(3)  In  an  appeal  involving  a  question  of  law,  the  memorandum  of  appeal  shall  precisely  state  the substantial question of law involved in the appeal.
(4) Where the National Commission is satisfied that a substantial question of law is involved in any case, it shall formulate that question and hear the appeal on that question:
Provided  that  nothing  in  this  sub-section  shall  be  deemed  to  take  away  or  abridge  the  power  of  the National  Commission to  hear, for  reasons  to  be  recorded  in  writing,  the  appeal on  any  other  substantial question of law, if it is satisfied that the case involves such question of law.
(5) An appeal may lie to the  National Commission under this section from an  order passed ex parte by the State Commission.

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