Question

An Appeal Against Order Passed under Section 27 of the Consumer Protection Act, 1986 by the National Commission lies in

• A. The High Court
• B. The Supreme Court
• C. The Central Government
• D. Not Appealable

Hint:

Remember the appellate hierarchy under the Consumer Protection Act: - District Forum order -> Appeal to State Commission. - State Commission order (in original jurisdiction) -> Appeal to National Commission. - National Commission order (in original jurisdiction) -> Appeal to Supreme Court.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks about the appellate forum against an order passed by the National Consumer Disputes Redressal Commission (NCDRC) under Section 27 of the Consumer Protection Act, 1986.

Step 2: Key Legal Provision:
- Section 27 of the Consumer Protection Act, 1986: Deals with the enforcement of orders and prescribes penalties for non-compliance.
- Section 27A of the Consumer Protection Act, 1986: Explicitly provides for appeals in respect of orders passed under Section 27.

Step 3: Detailed Explanation:
The Consumer Protection Act, 1986, established a three-tier quasi-judicial machinery. The National Commission is the apex body in this hierarchy. Section 27 of the Act provides for penalties for non-compliance with the orders of the consumer forums. Section 27A, which was inserted by an amendment, clarified the appeal provisions for such penalty orders. It clearly states that an appeal from an order made by the National Commission under Section 27(1) shall lie to the Supreme Court. The High Courts do not have appellate jurisdiction over the National Commission under this Act.

Step 4: Final Answer:
An appeal against an order passed by the National Commission under Section 27 of the Consumer Protection Act, 1986, lies in the Supreme Court.