Section 24 in Kerala Consumer Protection Rules, 2005
24. Appeals before the State Commission.
(1)The memorandum of appeal may be filed by the appellant or his authorized agent to the State Commission in person or shall be sent by registered post or courier addressed to the Registrar and Secretary of the State Commission. The appellant or his authorized agent may conduct the case.(2)Every memorandum of appeal shall be written legibly, preferably type-written and shall set forth concisely under distinct heads the grounds of appeal.(3)Each memorandum of appeal shall be accompanied by a certified copy of the order of the District Forum appealed against and such other documents as may be required.(4)The State Commission may entertain an appeal after the expiry of the period of thirty days, if it is satisfied that there was sufficient cause for not filing it within that period.(5)The appellant shall submit three copies of the memorandum of appeal to the State Commission for official purposes with sufficient number of additional copies of the memorandum for service on all the respondents.(6)No appeal by a person, who is required to pay any amount in terms of an order of the District Forum, shall be entertained by the State Commission unless the appellant has deposited in the prescribed manner fifty percent of the amount or rupees twenty five thousand, whichever is less.(7)On the date of hearing or on any other day to which hearing stands adjourned, it shall be obligatory for the parties or their authorized agents to appear before the State Commission. If the appellant or his authorized agent fails to appear on such date, the State Commission may either decide the appeal on the merits of the case or dismiss it on default. If the respondent or his authorized agent fails to appear on such date, the State Commission shall decide the appeal exparte on the merits of the case:(8)The appellant shall not, except by leave of the State Commission, urge or be heard in support of any ground of objection not set forth in the memorandum of appeal but the State Commission, in deciding the appeal, may not confine to the grounds of objection set forth in the memorandum of appeal or taken by leave of the State Commission under these Rules:Provided that the State Commission shall not rest any decision on any other grounds unless the party who may be affected thereby, has been given, at least an opportunity of being heard.(9)The State Commission may, on such terms as it may think fit and at any stage, adjourn the hearing of an appeal, but not more than three adjournments shall, ordinarily, be given.(10)The State Commission shall call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity.
