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Background

First Appeal under Section 41 of Consumer Protection Act 2019

First Appeal under Section 41 of Consumer Protection Act 2019

June 2, 2025

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION ……………. AT ……………..

 

First Appeal No. .............. OF 2025

 

IN THE MATTER OF :

................ Appellant(s)

Versus

............ Respondent(s)

 

INDEX

Sl No………....Particulars………………………………………….Page No…..

1……………….Appeal Memo under S 41 of CPA 2019……….…….…...

2……………..Annexure A1 - Certified copy of Impugned Order……….

3. … ………..Annexure A2-___________…………………….….….….….….

4. … ………..Annexure A3-___________……………………….….….….…..

5……………..I.A …..2025 Seeking Stay……………………………………….

 

Appellant

Through

Date

Place

 

 

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION ……………. AT ……………..

 

First Appeal No. .............. OF 2025

 

IN THE MATTER OF :

................ Appellant(s)

Versus

............ Respondent(s)

 

MEMO OF PARTIES

1.      NAME, R/O: XXXXXXX

2.      NAME, R/O: XXXXXXX

...APPELLANT(S)

 

VERSUS

1.      NAME, R/O: XXXXXXX

2.      NAME, R/O: XXXXXXX

...RESPONDENT(S)

 


Appellant

Through

Date

Place

  

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION ……………. AT ……………..

 

First Appeal No. .............. OF 2025

 

IN THE MATTER OF :

................ Appellant(s)

Versus

............ Respondent(s)

 

APPEAL UNDER SECTION 41 r/w SECTION 47 OF CONSUMER PROTECTION ACT , 2019 AGAINST THE ORDER DATED 00.00.2025 PASSED BY THE HON’BLE DISTRICT COMMISSION XXXXXX IN COMPLAINT NO.- 00/2019

 

MOST RESPECTIFULLY SHOWETH :

 

 

  1. That the Ld. District Consumer Disputes Redressal Commission (here-in-after, referred as ‘DCDRC’) was pleased to pass the Final Order dated 00.00.2025 in CC.. No. 00/2019 wherein it ordered the Respondents herein liable to pay…………(give details of Order passed).
  2. Being aggrieved and dissatisfied by the order passed by the) on 00.00.2025 , Respondent 1 and 2 in Complaint No. 00/2019 begs to prefer this Appeal inter alia on the following facts and grounds.
  3. That, Complainant preferred Complaint No….. .
  4. That the facts surrounding the complaint were……..
  5. That as per the Complainant’s version in his Complaint………..
  6. That, thereafter, a legal notice dated ……… was served to the Appellant, alleging ………..
  7. The Appellant company duly replied to the same by stating that……..
  8. However, aggrieved by the said reply to legal notice, the Complainant filed a complaint before the Hon’ble DCDRC against the Appellant on…….
  9. That the Appellants being OP 1 & OP 2 filed their written statement on ……
  10. That the Appellants filed their Evidence Affidavit on …….
  11. That the contention of the Appellants was…..
  12. That therefore the Appellants prefer the Appeal on the following grounds.

GROUNDS

 

    1. That the order passed by the Hon’ble DCDRC is patently perverse and devoid of merits in the eyes of law and hence it is liable to be set aside.
    2. That, the order passed by the Hon’ble District Commission is erroneous as it is not based on the facts and evidence.
    3. That, the Hon’ble Commission primarily did not consider the fact that the Appellant……
    4. That, furthermore, it is pertinent to highlight that……….
    5. That the Hon’ble DCDRC failed to take note of the fact……..
    6. That, moreover, the DCDRC has clearly exceeded its jurisdiction by entertaining the Complaint of the Complainant due to the fact that………
    7. That the law has been well settled by the Hon’ble Supreme Court in xxxx vs yyyyyy
    8. That, the Appellant craves the leave of this Hon’ble Commission to raise additional grounds at the time of final hearing of the case.

PRAYER

Therefore, in light of the facts and circumstances mentioned in the present Appeal, it is most humbly prayed before this Hon’ble commission that it may be pleased to:

    1. Allow the present Appeal and set aside the order of Hon’ble DCDRC xxxxx dated 00.00.2025.
    2. Cost of this Appeal may also be awarded to the Appellant.
    3. Grant the relief sought by the Appellant.

In addition to that, the Hon’ble commission may be pleased to grant any other relief as it may deem fit in the interest of justice.

 

Appellant

Through

Date

Place

 

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION ……………. AT ……………..

 

First Appeal No. .............. OF 2025

 

IN THE MATTER OF :

................ Appellant(s)

Versus

............ Respondent(s)

 

APPLICATION FOR EX PARTE STAY AGAINST THE IMPUGNED ORDER IN COMPLAINT NO. CC/00/2019, PASSED BY THE HON’BLE DISTRICT COMMISSION, XXXX ON 00.00.2025 .

 

Appellant humbly submits as under :-

 

  1. That after being aggrieved by the order passed by learned DCDRC, XXXX, in the Complaint no. 00/2017, order dated 00.00.2023 received on date 00.02.2024, the Appellant has filed an Appeal before this Hon’ble Commission on legal and true grounds and the Appellant is sure that they will succeed in the Appeal.
  2. That, this application of stay may be treated as an integral part of the Appeal.
  3. That, the execution proceedings is about to be initiated by the Hon’ble Commission and if it is not stayed in the pending period of the Appeal then Appellant will suffer irreparable loss, and hence, the appeal would become infructuous.
  4. That, balance, and consequences are prima facie in favour of the Appellant.

 

Therefore, it is prayed that the Hon’ble Commission may kindly grant the stay till the finalization of the present Appeal on the execution of the order of the Hon’ble District Commission, XXXXX.

 

 

Appellant

Through

Date

Place

 

Verification

I ..................................... , the appellant above named. Do hereby solemnly verify that the contents of my above complaint are true and correct to my knowledge, no part of it is false and nothing material has been concealed therein. 

 

Verified this ...................... day of ......................................... 20 ...... at .................

 

 

 

 

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION ……………. AT ……………..

First Appeal No. .............. OF 2025

IN THE MATTER OF :

................ Appellant(s)

Versus

............ Respondent(s)

AFFIDAVIT

Affidavit of Shri ................................. S/o Shri ...................................... aged .....................years, resident of ................................................

I, the above named deponent do hereby solemnly affirm and declare as under :-

(1)      That I am the appellant in the above case, thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.

(2)      That the facts contained in my accompanying appeal, the contents of which have not been repeated herein for the sake of brevity may be read as an integral part of this affidavit and are true and correct to my knowledge.

Deponent

Verification

I, the above named deponent do herby solemnly verify that the contents of my above affidavit are true and correct to my knowledge, no part of it is false and nothing has been concealed therein.

Verified this .................. day of ................ 20 ....... at ...........................

Deponent