Lawyer for NCDRC

By Team Legal Helpline India, September 24, 2017

A brief description of the services of a lawyer for NCDRC. We have expert in-house team of lawyers for NCDRC for handling  all the matters at NCDRC with excellent results. Call us on 011-2335 5388 or mail us at contact us page.

National Consumer Disputes Redressal Commission is located at Delhi at at Upbhokta Naya Bhawan, ‘F’ Block, GPO Complex, INA, New Delhi-110 023. It has the threefold  jurisdiction which can be enumerated as under:

i) Appeal under Section 21 of the Consumer Protection Act, 1986
ii) Original Complaint under Section 21 (a) (i) of the Consumer Protection Act, 1986
iii) Revision under Section 21 (b) of the Consumer Protection Act, 1986
iv) Transfer under Section 22 B of the Consumer Protection Act, 1986

APPEAL

The first Appeal as provided under Section 19 of the Consumer Protection Act, 1986 can be filed by the person aggrieved by an order made by the State Commission in the exercise of its powers conferred by sub-clause (i) of clause (a) of section 17.

The time limit for the appeal is 30 days from the date of receipt of the order of the state commission.

It is advisable to avail the services of Lawyer for NCDRC for filing the Appeal before NCDRC as it is highly technical and complex subject. 


The First Appeal must be supported by a Notarized attested affidavit with 1+1 sets (with File cover) and each set for Opposite Parties, which means two sets for the court and one set each for the respondent e.g. if there are 6 respondents then two sets for the court and six sets for the respondents thereby making the total number of sets as eight.

The First Appeal along with all the copies should be paginated and duly indexed in the following seriatim:


1. Index as the top page


2. List of Dates giving all important list of dates and events chronologically.


3. Memo of Parties (with fresh complete addresses and telephone no.)


4. Appeal with supportive affidavit duly Notarised.


5. Stay Application, or any other application if any, with Notarised attested affidavit.


6. Application for condonation of delay with Notarised attested affidavit, if beyond limitation. (Within 30 days of receipt of order).


7. Certified copy of order of State Commission.


8. Copy of Complaint, Pleadings, Evidence, Reply and Rejoinder filed in State Commission and other documents relied on by both parties.(All the Annexures must be attested as True Copy on the last page with name and signature).


9. Statuary Deposit of the fees as per Section 19 of the Consumer Protection Act, 1986 in the form of Demand Draft (in favor of The Registrar, NCDRC, New Delhi).


Important Tips  by expert lawyer for NCDRC for the filing of Appeal before the NCDRC:


1. All the pleadings, documents shall be filed in English language only or translated a copy of any other language, duly typed in double space on one side of the paper. The original orders under challenge may be attached along with.


2. If the documents are not filed as per in the format mentioned above the same will be returned to the parties at the counter itself without acknowledgment and will only be registered after removing the defects.


3. After the issue of notice, any documents in a case, the same has to be served on the other side and 1+1 sets be filed with proof of service. No document will be accepted unless filed two days (working days) in advance from the date of hearing.

For filing an Appeal before the National Consumer Disputes Redressal Commission a highly qualified and trained lawyer for NCDRC is required who can go through all the documents and prepare the appeal before the NCDRC challenging the orders of the State Commission or the District Forum.


The appeal before the NCDRC can only be filed on the basis of the legal grounds to be mentioned specifically in the appeal on the admitted facts and the documents. No new facts or documents are generally allowed to be incorporated hence the appeal before the NCDRC is a highly specialized work which can be undertaken by a trained and qualified lawyer for NCDRC only.

CONSUMER COMPLAINT BEFORE NCDRC:

Consumer Complaint as provided under Section 21(a)(i) of the Consumer Protection Act, 1986, where the value of the goods or services and compensation, if any, claimed, exceeds Rupees One Crore. It is always better to engage a lawyer for NCDRC for filing a complaint. 


The provision of law relating to the consumer complaint to be filed before the National Consumer Disputes Redressal Commission is as under:


Section 21 of the Consumer Protection Act, 1986


21. Jurisdiction of the National Commission.Subject to the other provisions of this Act, the National Commission shall have jurisdiction
(a) to entertain
(i) complaints where the value of the goods or services and compensation, if any, claimed exceeds 1[rupees one crore]; and
(ii) appeals against the orders of any State Commission; and
(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.


For filing a consumer complaint before the NCDRC one needs the services of a very qualified and competent lawyer for NCDRC who can understand the facts of the case properly and draft the complaint including all the aspects based on the facts and the law.

The consumer complaint should contain all the facts and the supporting documents so that the entire facts are properly presented before the court.

The limitation of time is two years from the date of the cause of action or the grievance of the consumer which needs to be determined specifically as any matter beyond the prescribed period of time would be considered as a delayed matter and the National Consumer Disputes Redressal Commission may dismiss the same on this ground itself.

The Consumer Complaint along with all the copies should be paginated and duly indexed in the following seriatim:


1. Index
2. List of Dates
3. Memo of Parties (with fresh complete addresses and telephone no.)
4. Complaint with Notarized attested affidavit
5. Supporting documents in favor of complaint e.g. receipt, voucher etc. (All the Annexures must be attested as True Copy on the last page with name and signature)
6. Application for condonation of delay with a Notarized attested affidavit, if beyond limitation. (2 years from cause of action)
7. Fee for Rs.5,000/- for making Consumer Complaint (Demand Draft in favor of The Registrar, NCDRC, New Delhi)
Valuation of the complaint before the NCDRC:


The valuation of a complaint for the purposes of payment of fees is based upon the total value of the goods and services in dispute which also includes the compensation claimed, the same is in the following manner:


i. Above one crore rupees Rs.25,000/-


ii. Above five crore rupees Rs.50,000.-


iii. Above ten crore rupees Rs.1,00,000/-

REVISION

Revision Petition as provided under Section 21(b) of the Consumer Protection Act, 1986 to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission can be filed with the Registry of the National Consumer Disputes Redressal Commission within a period of ninety days from the date of receipt of the order.


Revision Petition must be supported by a Notarised attested affidavit with 1+1 sets (with File cover) + Number of Opposite Parties. The Revision Petition along with all the copies should be paginated and duly indexed in the following seriatim:


1. Index
2. List of Dates
3. Memo of Parties (with fresh complete addresses and telephone no.)
4. Revision Petition with Notarised attested affidavit
5. Stay Application, or any other application if any, with Notarised, attested affidavit
6. Application for condonation of delay with Notarised attested affidavit, if beyond limitation. (Within 90 days of receipt of order)
7. Certified copy of order of State Commission
8. Copy of order of District Forum
9. Copy of Complaint, Reply and Rejoinder filed before District Forum as well as a copy of evidence if recorded and other documents relied on by both parties. (All the Annexures must be attested as True Copy on the last page with name and signature)

TRANSFER APPLICATION

Transfer Application as provided under Section 22 B of the Consumer Protection Act, 1986.

On the application of the complainant or of its own motion, the National Commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the District Forum of one State to a District Forum of another State or before one State Commission to another State Commission.Transfer Application must be supported by a Notarised attested affidavit with 1+1 sets (with File cover) + Number of Opposite Parties. The Transfer Application along with all the copies should be paginated and duly indexed in the following seriatim:


1. Index
2. List of Dates
3. Transfer Application with Notarised attested affidavit
4. Copy of complaint and appeal filed before forum below (All the Annexures must be attested as True Copy on the last page with name and signature)

IMPORTANT:
For all services related to filing and defending of any matter before the National Consumer Disputes Redressal Commission, call us at 011-2335 5388 or email us at our contact us page. We have an excellent team of lawyers for NCDRC to handle all the matters with excellent results.

We also provide online services of drafting and vetting of the petitions to be filed before the NDDRC by expert lawyer for NCDRC.

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