Consumer Before The Hon Ble Tn State Consumer Redressal Commission At Coimbatore

BEFORE THE HON'BLE TN STATE CONSUMER REDRESSAL COMMISSION AT THANE 



Appeal No.:__________ /_________________

Memo of Parties

____________________________________________________Appellant 

Versus

________________________________________________Respondents 

Appeal under Sections 15 & 17 (a) (ii) of the Consumer Protection Act, 1986 against the order dated _____ of Ld. District Consumer Redressal Forum THANE, in case titled as _____ THANE  

___________________Appellant 

Through, Advocate 

GROUNDS OF APPEAL:

Respectfully ________

1. That the relevant facts and the facts leading to filing of present Appeal are given in brief hereunder in chronological order for the convenience of your Lordships:- 

Date ______ 

Events _____ 

GROUNDS 

2. That the humble appellant is invoking the jurisdiction of this Hon'ble Commission and seeking indulgence on the following grounds amongst others each one of which is without prejudice to and independent of other :- 
(a) That the learned Forum below has acted with serious illegality in the exercise of jurisdiction vested in it by law. _____________________________ 
(b) That there has been mis-appreciation of evidence and mis-application of the provisions of law by the Ld. Forum below. ________ ______________________
(c) That a breach of the rules of natural justice occurred in connection with the making of the decision. ________ _________________________
(d) That procedures that were required to be observed in connection with the making of the decision were not observed. ________ _______________________
(e) That the decision was not authorized by the enactment in pursuance of which it was purported to be made. ________ _________________________________
(f) That the making of decision was on improper exercise of the powers conferred by the enactment in pursuance of which it was purported to be made. ____________________________ 
(g) That decision incurred an error of law whether or not the error appears on the record of decision. ________ __________________________________________________
(h) That there was no evidence or other material to justify the making of the decision. __ 
(i) That the decision was otherwise contrary to law _____________________ taking an irrelevant consideration into account in the exercise of power. ______________________________ 
(j) That the Ld. Forum below has failed to take relevant consideration into account in the exercise of a power. _________________________________________________ 
(k) That the Ld. Forum below while making the decision was required by law to reach that decision only if a particular matter _________________________________ was established and there was no evidence or other material [including facts of which the Ld. Forum below was entitled to take notice] from which the Ld. Forum below could reasonably be satisfied that the matter was established and the decision was based on the existence of particular fact and that fact did not exist. 
(l) That the Ld. Forum below has not exercised judicious discretion vested in it in accordance with law in passing the impugned order. ________ _________________________________
(m) That the provisions of law have been mis-construed. More particularly _______________________ 
(n) That the Ld. Forum below has failed to appreciate the evidence on record and has drawn wrong inferences from the facts proved on record which has vitiated findings. _______________________ 
(o) That the Ld. Forum below has failed to appreciate the well-settled principles of law laid down by the Hon'ble Apex Court and this Hon'ble Commission in catena of cases. ________ ________________

3. That no similar Appeal has been filed by the appellant on the similar grounds. 

4. That the appeal has been filed within the period of limitation. 

5. It is, therefore, most respectfully prayed that this Hon'ble Commission may be pleased to send for the records of the case and after examining the legality of the proceedings, may be pleased to set aside the orders of the Ld. Forum below dated _________________ passed in case titled as_____ _____. Such other orders may also please be passed as deemed fit and proper in the facts and circumstances of the case in favour of the appellant. 

THANE Appellant 

______ Through, Advocate 











Application No.:______ /________ in Appeal No. ______ /_______

___________________________________.Appellant
                                                         VS
_____________________________________Respondents 

Application for stay of the impugned order of the Ld. District Consumer Redressal Consumer Forum dated ________________ case titled as _________________ 

Respectfully Sheweth: 

1. That the applicants have filed the above mentioned appeal in this Hon'ble court hearing whereof will take sometime. 

2. That it is apparent from the grounds of the appeal and the documents attached therewith that the Appellant/applicant has prima facie very good case in his favour and the appeal is bound to succeed. 

3. That the interest of justice demands that during the pendency of the appeal operation of the impugned judgment of the Ld. District Redressal Forum below is stayed. Otherwise the applicant will suffer irreparable loss and injury which cannot be compensated in terms of money. 

4. It is, therefore, most respectfully prayed that this application may be allowed in the interest of justice and during the pendency of this appeal the operation of the impugned order may be stayed in the interest of justice. Such other orders be also passed as deemed fit and proper in the facts and circumstances of the case. 



THANE Appellant 

______ Through, Advocate 









Application No.:______ /____ in Appeal No.:______ /____



________________________________________Appellant/Applicant 

Versus

_________________________________________Respondents 

Affidavit in support of the application for stay

I,____________________________, do hereby solemnly affirm and declare as under : 

1. That the accompanying application has been prepared under my instructions. 

2. That the contents of paras 1 to 4 of the application are correct and true to the best of my knowledge. 

3. That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therefrom. 

Affirmed at THANE this the _____________________________. 

Deponent