| 11 | Appendix; Section 23 of the Consumer Protection Act, 1986. | | | |
| 12 | ANNEXURE P-1: A true copy of the Application bearing No. IA number filed by appellant before National Commission filed by the Appellant before the Hon'ble National Commission. | | | |
| 13 | ANNEXURE P-2 (colly.): A true copy of the Reply filed by the Respondent to the Application bearing IA IA number filed by appellant before National Commission filed by the Appellant. | | | |
| 14 | ANNEXURE P-3 (colly.): A true copy of the Consumer Complaint bearing Consumer complaint number filed by the Respondent, along with its Annexures. | | | |
| 15 | I.A. No. IA number for condonation of delay of 2023; Application for Condonation of Delay. | | | |
| 16 | I.A. No. IA number for stay of 2023; Application for Stay. | | | |
| 17 | Vakalatnama with Board Resolution. | | | |
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
CIVIL APPEAL NO. Civil appeal number OF 2023
In the matter of:-
Appellant's name……Appellant
Versus
Respondent's name……Respondent
OFFICE REPORT ON LIMITATION
1.The Appeal is within time.
2.The Appeal is barred by limitation and there is a delay of Delay in days in filing appeal days in filing the same against the order dated Date of impugned order, and an application for condonation of the delay of Delay in days in filing appeal days in filing has been filed.
3.There is a delay of Delay in days in refiling appeal days in refiling the Appeal, and an application for condonation of the delay of Delay in days in refiling appeal days in refiling has been filed.
BRANCH OFFICER
NEW DELHI
DATED:
| PERFORMA FOR FIRST LISTING; SECTION: | | |
| The case pertains to (Please tick/check the correct box): | | |
| Central Act: (Title) | Consumer Protection Act, 1986 |
| Central Rule: (Title) | N.A. |
| Impugned Order: (Date) | Date of impugned order |
| Impugned Final Order/Decree: | N.A. |
| Names of Judges: | Hon'ble Mr. Justice R.K. National Commission judge's name, Hon'ble Dr. National Commission member's name and Hon'ble Mr. National Commission member's name, Member. |
| Tribunal/Authority: (Name) | Hon'ble National Consumer Disputes Redressal Commission, New Delhi |
| 1. | Nature of matter; Civil/Criminal | Civil |
| 2.(a) | Petitioner/Appellant: | Appellant's name. |
| (c) | Mobile phone number: | N.A. |
| 3.(a) | Respondent No. 1: | Respondent's name. |
| (c) | Mobile phone number: | N.A. |
| 4.(a) | Main category classification: | N.A. |
| (b) | Sub classification: | N.A. |
| 5. | Not to be listed before: | N.A. |
| 6.(a) | Similar or connected matter with citation, if any, and case details: | N.A. |
| (b) | Similar pending matter with case details: | N.A. |
| (a) | Whether accused/convict has surrendered: | N.A. |
| (e) | Sentence Undergone: | N.A. |
| 8. | Land Acquisition Matters: | N.A. |
| (a) | Date of Section 4 notification: | N.A. |
| (b) | Date of Section 6 notification: | N.A. |
| (c) | Date of Section 17 notification: | N.A. |
| 9. | Tax Matters: State the tax effect: | N.A. |
| 10. | Special Category (First Petitioner/Appellant only): Senior citizen >35 years, SC/ST, Woman/child, Disabled, Legal Aid case/In-custody. | N.A. |
| 11. | Vehicle Number (in case of Motor Accident Claim matters): | N.A. |
NEW DELHIDATED: AOR for the Appellant; Registration No. AOR registration number.
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
CIVIL APPEAL NO. Civil appeal number OF 2023
(Arising out of the impugned order dated Date of impugned order, passed by Tribunal passing impugned order, in Consumer Case No. Consumer case number in IA/IA number before National Commission/2021)
In the matter of:-
Appellant's name……Appellant
Versus
Respondent's name……Respondent
I.A. NO.OF 2023
An Application for Condonation of Delay
WITH
I.A. NO.OF 2023
An Application for Stay
PAPER BOOK
FOR INDEX KINDLY SEE INSIDE
FILED BY
NEW DELHI
DATED:
ADVOCATE FOR THE APPELLANT
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
CIVIL APPEAL NO. Civil appeal number OF 2023
In the matter of:-
Appellant's name……Appellant
Versus
Respondent's name……Respondent
CERTIFICATE
It is certified that the Civil Appeal is confined only to the pleadings before the Court whose order is challenged and the other documents relied upon in those proceedings. No additional facts, documents or grounds have been taken or relied upon in the Appeal. It is further certified that the copies of the documents attached to the Appeal are necessary to answer the question of law raised in the Appeal or to make out the grounds urged in the Appeal for the consideration of this Hon'ble Court. This Certificate is given on the basis of the instructions given by the Appellant.
FILED BY
ADVOCATE FOR THE APPELLANT
DRAWN ON:
FILED ON:
RECORD OF PROCEEDINGS
| S.No. | Date of Record of Proceeding(s) | Page(s) |
SYNOPSIS AND LIST OF DATES
That the present Appeal is filed under Section 23 of the Consumer Protection Act, 1986 read with Order XXIV of the Supreme Court Rules, 2013 by the Appellant against the impugned order dated Date of impugned order, passed by the Hon'ble Tribunal passing impugned order, in Consumer Case No. Consumer case number in IA/IA number before National Commission, whereby the Hon'ble National Commission dismissed the Application preferred by the Appellant seeking dismissal of Consumer Case No. Consumer case number. The impugned order passed by the Hon'ble National Commission is clearly unsustainable in law and is liable to be set aside by this Hon'ble Court, being wholly contrary to the settled provisions of law.
That the Respondent preferred Consumer Complaint No. 2 of 2021 before the Hon'ble Commission under Section 58 of the Consumer Protection Act, 2019 against the Appellant, alleging deficiencies in the units of the project named Real estate project name developed by the Appellant.
DATESEVENTS
List of dates entry date (occupation certificate)It is an admitted fact that the Occupation Certificate bearing No. Occupation certificate number/TDD/OC/Occupation certificate number/18 dated Date of occupation certificate was issued by the Thane Municipal Corporation for Building or phase name covered by certificate, and that possession of the respective units was handed over to the respective allottees in the year 2018 itself.
It is an admitted fact that the Respondent is not a voluntary consumer association as envisaged under the Act. It is also an admitted fact that the Respondent came into existence pursuant to the mandatory provisions of the Real Estate (Regulation and Development) Act, 2016, with registration number RERA registration number.
Jan. 2021In the month of January 2021, the Respondent, on behalf of the unit buyers and without any due authorisation from the respective unit buyers, filed Consumer Complaint No. 2 of 2021 against the Appellant alleging deficiencies in the units.
Year of filing reply to consumer complaint.2021That the Appellant filed its reply to the aforesaid complaint case, along with IAs including IA No. IA number filed by appellant before National Commission of 2021 under Section 2(5) of the Act read with Section 151 of the CPC, seeking dismissal of the aforesaid complaint case, primarily on two grounds, namely, that the Respondent had no locus standi and that the complaint was barred by limitation.
Date of clubbing orderThe Hon'ble National Commission, suo motu, clubbed the aforesaid consumer complaint with other consumer complaints being CC No. Clubbed consumer complaint number/2022, CC No. Clubbed consumer complaint number/2022 and CC No. Clubbed consumer complaint number/2021, vide Order dated Date of clubbing order.
List of dates entry date (final hearing)That the matter thereafter came up for final hearing on Date of final hearing. The Hon'ble National Commission heard the arguments advanced on behalf of all the parties and reserved its order, and thereafter passed the impugned order dated Date of impugned order.
Date of filing appealHence, the present Civil Appeal.
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
CIVIL APPEAL NO. Civil appeal number OF 2023
(Arising out of the impugned order dated Date of impugned order, passed by the Hon'ble Tribunal passing impugned order, in Consumer Case No. Consumer case number in IA No. IA number before National Commission/2021)
| BETWEEN:- POSITION OF PARTIES | | | | |
| | IN THE HON'BLE NATIONAL COMMISSION | BEFORE THIS HON'BLE COURT | |
| Appellant's name, having its registered office at Appellant's address | | Opposite Party | Appellant | |
| Respondent's name, having its registered office at Respondent's address | | Complainant | Respondent | |
Memorandum of Appeal under Section 23 of the Consumer Protection Act, 2019, read with Order XXIV of the Supreme Court Rules, 2013, against the impugned order dated Date of impugned order, passed by the Hon'ble Tribunal passing impugned order, in Consumer Case No. Consumer case number in IA No. IA number before National Commission, in the case titled "Consumer case title (complainant) vs. Consumer case title (respondent)".
---
TO,
THE HON'BLE CHIEF JUSTICE OF INDIA AND HIS LORDSHIP'S COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF INDIA.
THE CIVIL APPEAL OF THE APPELLANT ABOVE-NAMED MOST RESPECTFULLY SHOWETH:-
1.That the present statutory Appeal is preferred under Section 23 of the Consumer Protection Act, 2019 [hereinafter referred to as "the Act"] by the Appellant against the impugned order dated Date of impugned order, passed by the Hon'ble Tribunal passing impugned order, in Consumer Case No. Consumer case number in IA No. IA number before National Commission, whereby the Hon'ble National Commission has dismissed the Application preferred by the Appellant seeking dismissal of Consumer Case No. Consumer case number. The impugned order passed by the Hon'ble National Commission is clearly unsustainable in law and is liable to be set aside by this Hon'ble Court, being wholly contrary to the settled provisions of law.
2.QUESTIONS OF LAW
I.Whether the Hon'ble National Commission was right in clubbing CC No. Clubbed consumer complaint number with the other consumer complaints?
II.Whether the Hon'ble National Commission was correct in interpreting the facts and circumstances of the case beyond the scope of the pleadings of the Respondent?
III.Whether the Hon'ble National Commission was right in dismissing IA No. IA number filed by appellant before National Commission, despite having fairly arrived at the conclusion that the Complainant is not a 'Voluntary Consumer Association'?
IV.Whether the Hon'ble National Commission was right in going beyond the scope of the definition of "complainant" as contained in Section 2(5) and Section 35 of the Act?
V.Whether the Hon'ble National Commission was correct in superseding the intention of the legislature?
VI.Whether the Hon'ble National Commission was right in not dealing with the objection raised by the Appellant that the reliefs sought by the Respondent were barred by limitation?
3.FACTS OF THE CASE:
The facts of the case, in brief, are as under:-
i)That the Respondent filed Consumer Complaint No. 2 of 2021 before the Hon'ble National Commission under Section 58 of the Consumer Protection Act, 2019 against the Appellant, alleging deficiencies in the units of the real estate project known as Real estate project name, developed by the Appellant.
ii)That it is an admitted fact that the Occupation Certificate bearing No. Occupation certificate number/TDD/OC/Occupation certificate number/18 dated Date of occupation certificate was issued by the Thane Municipal Corporation in respect of Building or phase name covered by certificate, and that possession of the respective units was handed over to the respective allottees in the year 2018 itself.
iii)That it is alleged that, shortly after possession of the units was handed over to the respective buyers, the buyers noticed certain deficiencies in the units and in the amenities promised to them.
iv)That it is an admitted fact that the Respondent is not a voluntary consumer association as envisaged under the Act. It is also an admitted fact that the Respondent came into existence pursuant to the mandatory provisions of the Real Estate (Regulation and Development) Act, 2016, bearing RERA registration No. RERA registration number.
v)That in the month of January 2021, the Respondent, purportedly on behalf of the unit buyers but without any due authorisation from the respective unit buyers, filed Consumer Complaint No. 2 of 2021 against the Appellant, alleging deficiencies in the units.
vi)That the Appellant filed its reply to the aforesaid complaint, along with interlocutory applications including IA No. IA number filed by appellant before National Commission of 2021 under Section 2(5) of the Act read with Section 151 of the Code of Civil Procedure, 1908, seeking dismissal of the aforesaid complaint, primarily on two grounds, namely, that the Respondent had no locus standi and that the complaint was barred by limitation.
vii)That the Hon'ble National Commission, suo motu, clubbed the aforesaid consumer complaint with other consumer complaints being CC No. Clubbed consumer complaint number/2022, CC No. Clubbed consumer complaint number/2022 and CC No. Clubbed consumer complaint number/2021, vide Order dated Date of clubbing order.
viii)That the matter thereafter came up for final hearing on Date of final hearing. The Hon'ble National Commission heard the arguments advanced on behalf of all the parties and reserved its order, and thereafter passed the impugned order dated Date of impugned order.
4.GROUNDS:
That the impugned order dated Date of impugned order, passed by the Hon'ble Tribunal passing impugned order, in Consumer Case No. Consumer case number in IA No. IA number before National Commission, is bad in law as well as on the facts and merits of the case, and is liable to be set aside on, amongst others, the following grounds, which are taken without prejudice to one another:-
a.Because the Hon'ble National Commission has committed a grave error of law in laying down a precedent that a non-voluntary society of consumers can maintain a complaint under Section 35 of the Act.
b.Because the Hon'ble National Commission has erroneously circumvented the law laid down by this Hon'ble Court in Civil Appeal No. Cited civil appeal number of 2016, titled Cited case title (first party) vs. M/s Cited case title (second party). The Hon'ble National Commission, despite having concluded that the Respondent is not a Voluntary Consumer Association, proceeded, suo motu, to hold that a non-voluntary association of consumers can file a complaint on behalf of the home buyers.
c.Because, admittedly, Section 2(5) of the Act does not include a non-voluntary consumer society or a society, and, for that matter, Section 35 of the Act also does not include a non-voluntary consumer society or a society. It is therefore incomprehensible as to how the Hon'ble National Commission could supersede the intention of the legislature.
d.Because, without prejudice, even if the interpretation adopted by the Hon'ble National Commission is accepted, there is neither any mention nor any whisper as to how the Respondent is availing of the services provided by the Appellant, or as to the prior approval of the home buyers for the Respondent to avail of the services of the Appellant.
e.Because, as per the averments made in the complaint itself, Consumer Case No. Consumer case number has been preferred by a society registered under the Maharashtra Cooperative Societies Act, 1961. It is pertinent to mention that the Hon'ble National Commission has failed to consider the fact that the complaint in Consumer Case No. Consumer case number was filed by one Mr. Authorized signatory's name in the name of the Respondent without any authority from the Respondent. Moreover, no document evidencing the intention or permission of the unit allottees to file Consumer Case No. Consumer case number has been placed on record. Admittedly, nothing has been filed on record on behalf of the Respondent to indicate in what capacity Mr. Authorized signatory's name instituted Consumer Case No. Consumer case number. On a perusal of the complaint in Consumer Case No. Consumer case number, it is clear that the complaint was filed by Mr. Authorized signatory's name in his personal capacity. It is submitted that such a grave error committed by the Hon'ble National Commission is unwarranted, and such oversight by the Hon'ble National Commission may prove fatal to the principles of law.
f.Because, if such erroneous interpretation is sustained, it will result in a grave miscarriage of justice, whereby persons without any authority or locus standi would be enabled to prefer complaints, and that too in summary proceedings.
g.Because the Respondent has purposefully not specifically valued Consumer Case No. Consumer case number and has instead made vague averments without stating the number of aggrieved unit allottees or the respective value of the units in the Project. The Hon'ble National Commission, without determining the valuation of Consumer Case No. Consumer case number, erroneously proceeded to admit the said complaint and to dismiss IA No. IA number filed by appellant before National Commission of 2021.
h.Because the Hon'ble National Commission erred in clubbing, of its own motion, Consumer Case No. Clubbed consumer complaint number with other consumer complaints, as the clubbed complaints, including Consumer Case No. Clubbed consumer complaint number, were not at the same stage as Consumer Case No. Clubbed consumer complaint number. It is evident from a perusal of the impugned order that the Hon'ble Commission has issued fresh directions in all such consumer complaints for filing their replies, whereas the Appellant herein had already filed its reply along with IA No. IA number filed by appellant before National Commission of 2021.
i.Because the Hon'ble National Commission, while passing the impugned order, has miserably failed even to adjudicate upon the objection raised by the Appellant regarding the issue of limitation in Consumer Case No. Consumer case number. It is an admitted position that possession of the units in the Project was handed over to the allottees in the year Year in which possession of the units was handed over; however, Consumer Case No. Consumer case number came to be filed in the year Year in which the consumer complaint was filed, which is beyond the period of limitation prescribed under the provisions of the Act.
5.The Appellant states that the Appellant has not filed any other similar appeal and/or petition before this Hon'ble Court or any other Court or Tribunal against the impugned order dated Date of impugned order passed by the Hon'ble Tribunal passing impugned order in Consumer Case No. Consumer case number in the case titled "Consumer case title".
6.GROUNDS FOR INTERIM RELIEF
That the impugned order dated Date of impugned order, passed by the Hon'ble Tribunal passing impugned order in Consumer Case No. Consumer case number, is ex facie illegal and suffers from patent errors of law; therefore, the Appellant is most likely to succeed in the present appeal. Further, irreparable loss and injury would be caused to the Appellant if the operation of the impugned order is not stayed during the pendency of this appeal.
7.MAIN PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:
A. Admit and allow the present appeal and set aside the impugned order dated Date of impugned order, passed by the Hon'ble Tribunal passing impugned order in Consumer Case No. Consumer case number in IA No. IA number before National Commission, in the case titled "Consumer case title (complainant) vs. Consumer case title (respondent)";
B. Dismiss Consumer Case No. Consumer case number
OR
Remand the matter to the Hon'ble National Commission with appropriate directions; and
C. Pass such further order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE APPELLANT, AS DUTY BOUND, SHALL EVER PRAY.
DRAWN AND FILED THROUGH
ADVOCATE FOR THE APPELLANT
DRAWN ON
FILED ON
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
I.A. NO. IA number filed by appellant before National CommissionOF 2023
IN
CIVIL APPEAL NO. Civil appeal number OF 2023
IN THE MATTER OF:-
| Appellant's name | …...Appellant |
| Respondent's name | …...Respondent |
APPLICATION FOR CONDONATION OF DELAY
To,
The Hon'ble Chief Justice of India
and His Companion Justices of the Hon'ble Supreme Court of India.
MOST RESPECTFULLY SHOWETH:-
1.That the Appellant above named respectfully submits that the Appellant has filed the present appeal under Section 67 of the Consumer Protection Act, 2019, assailing the impugned order dated Date of impugned order, passed by the Hon'ble Tribunal passing impugned order in Consumer Case No. Consumer case number in IA No. IA number before National Commission, which order is impugned in this petition.
2.That the present application for condonation of delay is part and parcel of the Civil Appeal, and the grounds in support thereof are not repeated herein for the sake of brevity.
3.That there is a delay in refiling the appeal on account of the fact that Reason for delay in refiling.
4.That the Appellant has a good case on merits as well as on points of law and is likely to succeed before this Hon'ble Court.
5.That the delay in filing the appeal is neither intentional nor wilful, but has been occasioned in the circumstances stated above. It is submitted that the said delay may graciously be condoned by this Hon'ble Court.
6.That the present application has been made bona fide and in the interest of justice.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:
A. Condone the delay of Delay in days in filing appeal days in filing the Civil Appeal against the impugned order dated Date of impugned order, passed by the Hon'ble Tribunal passing impugned order in Consumer Case No. Consumer case number; and
B. Pass such further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS, THE APPELLANT, AS DUTY-BOUND, SHALL EVER PRAY.
FILED BY
ADVOCATE FOR THE APPELLANT
DRAWN ON
FILED ON
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
CIVIL APPEAL NO. Civil appeal number OF 2023
(Arising out of the impugned order dated Date of impugned order, passed by the Tribunal passing impugned order in Consumer Case No. Consumer case number in IA No. IA number before National Commission/2021)
IN THE MATTER OF:-
| Appellant's name | …...Appellant |
| Respondent's name | …...Respondent |
AFFIDAVIT
I, Deponent's name, aged about Deponent's age years, AR/Director of M/s. Appellant company's name, having office at Appellant's office address, do hereby solemnly affirm and state on oath as under:
1.That I am the AR/Director of the Appellant Company in the above-noted case, am well conversant with the facts and circumstances of the case, and am competent to swear this affidavit.
2.That I state that I have read over and understood the contents of the Synopsis and List of Dates and Events from page Nos. Synopsis start page number to Synopsis end page number, the Civil Appeal from paragraph Nos. Appeal start paragraph number to Appeal end paragraph number at page Nos. Appeal start page number to Appeal end page number, along with the I.A.s at page Nos. IA start page number to IA end page number, which have been drafted by my counsel under my instructions, and the averments made therein have been read and understood by me. I further state that the averments made therein are true and correct to my knowledge and belief.
3.That Annexures P-1 to P… annexed to the Civil Appeal are true copies of their respective originals.
4.That the facts stated in the above affidavit are true to my knowledge and belief. No part of the above affidavit is false, and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION :-
I, the deponent above named, do hereby verify and state that the contents of this affidavit are true and correct to the best of my knowledge and belief; nothing is false, and nothing material has been concealed therefrom.
Verified at Place of verification on this Date of affidavit.
DEPONENT
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
I.A. NO.OF 2023.
IN
CIVIL APPEAL NO. Civil appeal number OF 2023.
In the matter of :-
| Appellant's name. | ……Appellant |
| Respondent's name. | …..Respondent |
APPLICATION FOR STAY:
To,
THE HON’BLE CHIEF JUSTICE OF INDIA,
AND HIS COMPANION JUSTICES OF THE
SUPREME COURT OF INDIA.
THE HUMBLE PETITIONER OF THE ABOVE NAMED
MOST RESPECTFULLY SHOWETH:
1.The Appellant above named respectfully submits that the Appellant has filed the instant Appeal under Section 23 of the Consumer Protection Act, 2019, assailing the impugned order dated Date of impugned order, passed by the Hon’ble Tribunal passing impugned order, in Consumer Case No. Consumer case number in IA/IA number before National Commission/2021, which is impugned in this petition.
2.That the Petitioner has set out the material facts and circumstances of the case in the accompanying Appeal, which are not repeated herein for the sake of brevity, and the Appellant craves leave of this Hon’ble Court to refer to and rely upon the same for the disposal of this Application.
3.That the Respondent filed the Complaint titled “Consumer case title (complainant) vs Consumer case title (respondent)”, being Consumer Complaint No. Consumer complaint number, before the Hon’ble Tribunal passing impugned order, with the intention of harassing the Petitioner and causing hardship to the Petitioner.
4.That the Petitioner has a prima facie good case, and the balance of convenience also lies heavily in favour of the Petitioner, who has full hope of succeeding in this Hon’ble Court. If this Hon’ble Court does not stay the proceedings in the case titled “Consumer case title (complainant) vs Consumer case title (respondent)”, being Consumer Complaint No. Consumer complaint number, before the Hon’ble Tribunal passing impugned order, filed by the Respondent, till the disposal of this petition, the Petitioner will suffer irreparable loss which cannot be compensated in terms of money.
5.That no loss will be caused to the Respondent if the case titled “Consumer case title (complainant) vs Consumer case title (respondent)”, being Consumer Complaint No. Consumer complaint number, before the Hon’ble Tribunal passing impugned order, is stayed.
6.That the present application is bona fide and has been made in the interest of justice.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:-
a)Stay the proceedings in the case titled “Consumer case title (complainant) vs Consumer case title (respondent)”, being Consumer Complaint No. Consumer complaint number, before the Hon’ble Tribunal passing impugned order, filed by the Respondent, till the disposal of the present Appeal; and
b)Pass such further order or orders as this Hon’ble Court may deem fit and proper in the facts of the case.
FILED BY :
ADVOCATE FOR THE APPELLANT
DRAWN ON
FILED ON
APPENDIX
Section 23 of the Consumer Protection Act, 1986
Appeal.—Any person, aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 21, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period: 1[Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited in the prescribed manner fifty per cent. of that amount or rupees fifty thousand, whichever is less.]
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
CIVIL APPEAL NO. Civil appeal number OF 2023.
(Arising out of the impugned order dated Date of impugned order, passed by Tribunal passing impugned order, in Consumer Case No. Consumer case number in IA/IA number before National Commission/2021)
In the matter of :-
| Appellant's name. | ……Appellant |
| Respondent's name. | …..Respondent |
INDEX
| SRL. NO. | PARTICULARS | COPIES | COURT FEE |
| 1. | Synopsis and List of Dates | 1+3 | |
| 2. | Impugned order dated Date of impugned order | 1+3 | |
| 3. | Civil Appeal with Affidavit | 1+3 | |
| 6. | Application for Delay in Filing Appeal | 1+3 | |
| 7. | Application for Stay | 1+3 | |
FILED BY
FILED ON
DATED :
ADVOCATE FOR THE APPELLANT