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Delayed appeal against State Consumer forum judgement in National Forum

09-06-2013, 04:53 PM (This post was last modified: 10-06-2013 05:53 PM by Expert.)
Post: #1
Delayed appeal against State Consumer forum judgement in National Forum
hello all,
state consumer forum pronounced judgement in the month of september 2012. however we feel that the judgement was given basing wrong statements by the opposite party. however our advocate took undue delay in informing us and also took extra ordinary time to advise us how to go further. since it is about 9 months since judgement was given by state forum. we feel the limitation for appealing in national forum was over. we will be thankful to you, if you can advice us whether an condonation of delay can be filed in national consumer forum. What if we appeal and national commission refuse to admit the same.

If the last resort left is going to supreme court and how to appeal for stay order in national commission or supreme court.
thanks,
mahesh.
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09-06-2013, 09:59 PM
Post: #2
RE: delayed appeal against state forum judgement in national forum
Dear Querist,

If you can show sufficient cause for the delay and that there is no lathes or negligence on your part as well as that you have acted in good faith, I am of the view that your delay in filing the appeal before NCDRC would be condoned and appeal would be admitted. You may also need to stress on merit of the appeal so as to lacuna in cause of delay, if any.

If your appeal fails by NCDRC, next steps is SLP before the Hon'ble Supreme Court. But, I would advise that you should concentrate to strike your case @ NCDRC with full heart.

Trust this would suffice.

Rabin Majumder
AoR/SC
New Delhi
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10-06-2013, 02:51 PM
Post: #3
delayed appeal against state forum judgement in national forum
thank you very much sir. i shall keep in touch with you. thanks once again.
mahesh upparapalli.
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