15. Procedure for hearing the appeal. - (1) Memorandum shall be presented by the appellant or his agent to the National Commission in person or be sent by registered post addressed to the Commission.
(2)Every memorandum filed under sub-rule (1) shall be in legible handwriting preferably typed and shall set forth concisely under distinct heads, the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively.(3)Each memorandum shall be [accompanied by a crossed demand draft as referred to in rule 14-A and by a certified copy] of the order of the State Commission appealed against and such of the documents as may be required to support grounds of objection mentioned in the memorandum.(4)When the appeal is presented after the expiry of the period of limitation as specified in the Act, the memorandum shall be accompanied by an application supported by an affidavit setting forth the facts on which the appellant relies to satisfy the National Commission that he has sufficient cause for not preferring the appeal within the period of limitation.(5)The appellant shall submit [four copies or such number of copies] [Substituted by G.S.R. 64(E), dated 10.2.2005, for " six copies" (w.e.f. 10.2.2005).] of the memorandum to the Commission for official purpose.(6)On the date of hearing or on any other day to which hearing may be adjourned, it shall be obligatory for the parties or their agents to appear before the National Commission. If appellant or his agent fails to appear on such date, the National Commission may in its discretion either dismiss the appeal or decide ex parte on merits. If the respondent or his agent fails to appear on such date, the National Commission shall proceed ex parte and shall decide the appeal on merits of the case.(7)The appellant shall not, except by leave of the National Commission, urge or be heard in support of any ground of objection not set forth in the memorandum but the National Commission, in deciding the appeal, may not confine to the grounds of objection set forth in the memorandum:Provided that the Commission shall not rest its decision on any other ground other than those specified in the memorandum unless the party who may be affected thereby, has been given, an opportunity of being heard by the National Commission.(8)[ No adjournment shall ordinarily be granted by the National Commission, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Commission. The National Commission may also adjourn the hearing of the appeal suo motu , on such terms as it may think fit and at any stage of the proceedings for reasons to be recorded in writing. The appeal shall be decided, as far as possible, within ninety days from the date of its admission. In the event of an appeal being disposed of after the period so specified, the National Commission shall record in writing the reasons of the same at the time of disposal of the said appeal.] [Substituted by G.S.R. 175(E), dated 5.3.2004 (w.e.f. 5.3.2004).](9)[ The order of the National Commission shall be communicated to the parties concerned free of cost.] [Substituted by G.S.R. 533(E), dated 14.8.1991 (w.e.f. 14.8.1991).][15-A. Sitting of the National Commission and signing of orders.(1)Every proceeding of the National Commission shall be conducted by the President [or the seniormost Member [* * *] and at least two Members thereof sitting together [except when a bench is constituted by the President of the National Commission with one or more Members as he may deem fit] [ Added by G.S.R. 175(E), dated 5.3.2004 (w.e.f. 5.3.2004).]:[Provided that one Member or Members for any reason are unable to conduct proceedings till it is completed, the President or the senior most Member, as provided in section 22-D of the Act, shall conduct such proceedings from the stage at which it was last heard by the previous Member.] [Substituted by G.S.R. 64(E), dated 10.2.2005, for the proviso (w.e.f. 10.2.2005).](2)Every order made by the National Commission shall be signed by the President [or the seniormost Member [as provided under section 22-D] [Substituted by G.S.R. 175(E), dated 5.3.2004 (w.e.f. 5.3.2004).][and at least two Members who conducted the proceeding and if there is any difference of opinion among themselves, the opinion of majority shall be the order of the National Commission:Provided that where the proceeding is conducted by the President or the seniormost Member [as provided under section 22-D] [Substituted by G.S.R. 175(E), dated 5.3.2004 (w.e.f. 5.3.2004).][and three Members thereof and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other Member for hearing on such point or points and such point or points shall be decided accordingly to the opinion of the majority of the National Commission.] [Substituted by G.S.R. 175(E), dated 5.3.2004 (w.e.f. 5.3.2004).]
