Prescribed Time Limits for filing Appeal/Petition/Complaint etc., under
different Acts/Rules:
Under
Consumer Protection Act, 1986:
Actions
|
Time Limits
|
For Filing Complaint in Consumer
Forum
|
The District Forum, the State Commission or
the National Commission shall not admit a complaint unless it is filed within
2 years from the date on which the cause of action has arisen. However,
a complaint may be entertained after the period specified above if the
complainant satisfies that the District Forum, The State Commission of the
National Commission, as the case may be , that he had sufficient cause for
not filing the complaint within such period.
|
Enforcement of the orders of Forum
|
When the order is not implemented, District
Forum, State Commission or National Commission may order the attachment of
the property of the person not complying. However, no attachment shall remain
in force for more than three months at the end of which, if the non compliance
continues, the property attached may be sold and out of the proceeds thereof,
the District Forum of the State Commission or the National Commission may
award such damages as it things fit to the complainant and shall pay the
balance if any to the party entitled thereto.
|
Under
Central Administrative Tribunal Act:
Actions
|
Time Limits
|
Time limit for filing an application before
CAT
|
An application has to be filed within 1
year from the date on which the initial final order has been made.
Where an appeal/representation has been submitted in the matter and the
authority competent to pass final order has not passed the said order, application
has to be filed after the expiry of a period of six months from the
submission such application/representation and within one year from the date
of expiry of the said period of six months. Tribunal has power to admit an
application in relaxation of the above limitation, if sufficient cause is
shown, supported by an affidavit, for not making the application within the
stipulated period.
|
Action Judgment
|
The order of the Tribunal is final and
binding on both the parties. It should be compiled with within the
time-limit prescribed in the order or within six months of the receipt of the
order, if no time-limit is prescribed. Failure to implement the order
in time may give rise to cause of action for initiating contempt proceedings.
|
Review Provision
|
If the applicant and/or the respondent are
not satisfied with the judgment, it is open to them to seek review of the
judgment by filing a petition within 30 days of the communication of the
order. Review petition would lie only when there is a glaring omission,
paten mistake or grave error. Once the review petition is dismissed,
there is no provision for further review. The matter has to be agitated
before Hon.Supreme Court, through Special Leave Petition.
|
Jurisdiction
of District Consumer Forum, State Commission and National Commission:
District Forum
|
Where the value of goods or services and
compensation does not exceed Rs.20 Lakh.
|
State Commission
|
Where the value of goods or services and
compensation is above Rs.20 Lakh, but below Rs.1 Core.
|
National Commission
|
Where the value of goods or services and
compensation is above Rs.1 Core
|
No comments:
Post a Comment