Civil Appeal to Supreme Court Against NCDRC Order: Updated Consumer Protection Act Format
This page provides a practical civil appeal format for an appeal to the Supreme Court of India against an appealable order of the National Consumer Disputes Redressal Commission (NCDRC). It also explains when the former Section 23 of the Consumer Protection Act, 1986 may still be relevant to saved legacy proceedings.
Current Law: Section 67 of the Consumer Protection Act, 2019
Section 67 permits a person aggrieved by an order made by the National Commission in exercise of the powers conferred by Section 58(1)(a)(i) or Section 58(1)(a)(ii) to appeal to the Supreme Court. The ordinary statutory period is 30 days from the date of the order. The Supreme Court may entertain a delayed appeal if sufficient cause is shown.
Where the appellant is required to pay an amount under the NCDRC order, the appeal is not to be entertained unless the appellant deposits 50% of that amount in the prescribed manner. The maintainability of a statutory appeal should therefore be checked against the precise jurisdiction in which the NCDRC passed the impugned order.
When Former Section 23 of the Consumer Protection Act, 1986 May Still Matter
The old page was framed as a civil appeal under Section 23 of the Consumer Protection Act, 1986. That Act now stands repealed. However, Section 107 of the 2019 Act contains repeal-and-savings provisions and expressly preserves the general operation of Section 6 of the General Clauses Act, 1897. Accordingly, old proceedings, accrued rights, liabilities and remedies may require case-specific treatment under the savings law.
Where the underlying consumer proceeding was instituted and continued under the 1986 Act, the advocate filing the appeal should verify whether the saved statutory remedy remains under former Section 23 or whether the 2019 framework governs the particular proceeding. The cause title and statutory recital below therefore provide alternatives to be selected according to the applicable law.
Updated Civil Appeal Format to Supreme Court Against NCDRC Order
The following is a general drafting template. It should be adapted to the facts, nature of the NCDRC jurisdiction, applicable limitation, court-fee requirements, deposit requirement, Supreme Court Rules and current filing practice.
SYNOPSIS
The Appellant(s) respectfully file the present statutory civil appeal against the final order/judgment dated __.__.20__ ("Impugned Order") passed by the National Consumer Disputes Redressal Commission, New Delhi, in Consumer Complaint No. ___ of 20__.
The appeal is filed under Section 67 of the Consumer Protection Act, 2019, the Impugned Order having been passed by the National Commission in exercise of the jurisdiction specified in Section 58(1)(a)(i)/(ii) of the Act. Where a saved proceeding is governed by the Consumer Protection Act, 1986, substitute the applicable statutory recital after verifying the effect of Section 107 of the 2019 Act and Section 6 of the General Clauses Act, 1897.
The dispute concerns [briefly state the consumer transaction, deficiency in service, unfair trade practice, product liability or other consumer dispute]. The Appellant(s) are aggrieved because the National Commission, inter alia, [state the principal error: misconstrued the statutory provision / ignored material evidence / applied an incorrect legal test / denied relief despite findings / exceeded or failed to exercise jurisdiction].
Where the dispute involves a representative consumer complaint, the Appellant(s) may specifically plead the common or same interest of the represented consumers and the statutory requirements applicable to representative complaints, together with the relevant procedural orders passed by the Consumer Commission.
LIST OF DATES
| Date | Event |
|---|---|
| __.__.20__ | Consumer transaction/agreement/booking/purchase giving rise to the dispute. |
| __.__.20__ | Cause of action/deficiency/unfair trade practice complained of. |
| __.__.20__ | Consumer Complaint No. ___ of 20__ instituted before the National Commission. |
| __.__.20__ | Relevant interim/procedural order, if any. |
| __.__.20__ | Impugned final order/judgment passed by the National Commission. |
| __.__.20__ | Hence, the present appeal. |
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. ___ OF 20__
IN THE MATTER OF:
ABC & ORS.
[Full address and description]
...APPELLANT(S)
VERSUS
DEF LTD. & ORS.
[Full address and description]
...RESPONDENT(S)
CIVIL APPEAL UNDER SECTION 67 OF THE CONSUMER PROTECTION ACT, 2019 AGAINST THE FINAL ORDER/JUDGMENT DATED __.__.20__ PASSED BY THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION IN CONSUMER COMPLAINT NO. ___ OF 20__
To,
The Hon'ble Chief Justice of India
and His/Her Companion Judges of the
Hon'ble Supreme Court of India.
The humble Civil Appeal of the Appellant(s) above named:
MOST RESPECTFULLY SHOWETH:
1. The Appellant(s) are aggrieved by the final order/judgment dated __.__.20__ passed by the National Consumer Disputes Redressal Commission, New Delhi, in Consumer Complaint No. ___ of 20__, whereby the National Commission [briefly state operative result]. A true copy of the Impugned Order is annexed as Annexure P-__.
2. Maintainability. The Impugned Order was passed by the National Commission in exercise of the powers falling under Section 58(1)(a)(i)/(ii) of the Consumer Protection Act, 2019. The present appeal is therefore preferred under Section 67 of the Act. The appeal is within limitation / is accompanied by an application seeking condonation of delay showing sufficient cause.
3. Statutory deposit. The Appellant states that [no amount is required to be paid under the Impugned Order / the Appellant has complied with the statutory pre-deposit requirement applicable under Section 67 and the relevant rules]. Proof of deposit, where required, is filed with the appeal.
4. Facts.
4.1 The Appellant(s) [describe the consumer transaction and relationship with the Respondent(s)].
4.2 The Respondent(s) represented/promised that [set out material representations, contractual terms or statutory duties].
4.3 The grievance arose when [set out deficiency in service, unfair trade practice, defect, non-delivery, delay, excess charge or other actionable conduct].
4.4 The Appellant(s) instituted Consumer Complaint No. ___ of 20__ before the National Commission seeking, inter alia, [set out reliefs].
4.5 By the Impugned Order dated __.__.20__, the National Commission [state findings and operative directions].
5. Questions of Law. The following substantial questions of law arise for consideration:
A. Whether the National Commission erred in law in interpreting [identify statutory provision, rule, contractual clause or governing principle] in a manner contrary to the scheme and object of the Consumer Protection Act, 2019?
B. Whether the National Commission could lawfully disregard material pleadings, documents or admissions having a direct bearing on the consumer dispute?
C. Whether the findings in the Impugned Order are vitiated by failure to apply the correct legal test for deficiency in service, unfair trade practice, defect, compensation, representative action or other issue arising in the case?
D. Where the proceeding is representative in character, whether the National Commission correctly applied the statutory requirement concerning consumers having the same interest and the procedural safeguards governing such proceedings?
6. GROUNDS
A. BECAUSE the Impugned Order proceeds on an erroneous interpretation of the applicable provisions of the Consumer Protection Act and fails to give effect to the beneficial object of consumer-protection legislation.
B. BECAUSE the National Commission failed to consider material evidence and submissions that went to the root of the dispute, thereby rendering the findings legally unsustainable.
C. BECAUSE the National Commission applied an incorrect legal standard to [deficiency in service / unfair trade practice / contractual liability / compensation / representative complaint], causing manifest prejudice to the Appellant(s).
D. BECAUSE the conclusions recorded in the Impugned Order are contrary to the pleadings, documents and admitted factual position and therefore warrant appellate interference.
E. BECAUSE [for a representative complaint] the consumers represented in the proceedings share the same or common interest in the redressal sought, arising from materially common contractual terms, representations, conduct or grievance, and the National Commission erred in fragmenting the class without applying the governing statutory and procedural principles.
F. BECAUSE the Impugned Order is otherwise contrary to law, facts and the settled principles governing adjudication of consumer disputes.
7. The Appellant(s) crave leave to urge such other grounds as may be necessary at the time of hearing and submit that the grounds are without prejudice to one another.
8. The Appellant(s) state that no other statutory appeal against the same Impugned Order has been filed before this Hon'ble Court, except as specifically disclosed herein.
9. The requisite court fee and filing requirements have been complied with in accordance with the applicable Supreme Court Rules, practice directions and filing procedure.
10. PRAYER
In the premises aforesaid, it is most respectfully prayed that this Hon'ble Court may be pleased to:
(a) admit and allow the present Civil Appeal and set aside or suitably modify the final order/judgment dated __.__.20__ passed by the National Consumer Disputes Redressal Commission in Consumer Complaint No. ___ of 20__;
(b) grant the relief(s) claimed by the Appellant(s) before the National Commission, or remit the matter for fresh consideration in accordance with law, as the facts of the case may require;
(c) grant appropriate interim relief, if separately prayed for and legally permissible; and
(d) pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interests of justice.
AND FOR THIS ACT OF KINDNESS THE APPELLANT(S), AS IN DUTY BOUND, SHALL EVER PRAY.
FILED BY:
ADVOCATE-ON-RECORD
FOR THE APPELLANT(S)
Drawn on: __.__.20__
Filed on: __.__.20__
New Delhi
Representative Consumer Complaints and "Same Interest"
The earlier format focused on a representative or class complaint and relied on the concept of consumers having the "same interest." Under the current statute, representative complaints are addressed in Section 35(1)(c) of the Consumer Protection Act, 2019. Where numerous consumers have the same interest, one or more consumers may file a complaint on behalf of or for the benefit of all consumers so interested, subject to the permission and procedure required by law.
If the appeal arises from an older proceeding under Section 12(1)(c) of the 1986 Act, the pleading should preserve the actual procedural history and the law applicable to that saved proceeding rather than mechanically substituting new section numbers.
Official Legal Resources
For the current statutory text and filing requirements, verify the latest official material before filing: