Appeal against order of National Commission
Commencement. 24th July, 2020.-- S. 2 clauses (4), (13), (14), (16), (40), s. 10 to 27 (both inclusive), sub-clause (iv) of clause (a) of sub-section (1) of section 58, s. 88, 89, 92 and 93, 94, 96, 97 and 99, clause (f) to (m) of sub-section 2 and clauses (zg), (zh) and (zi) of sub-section 2 of s. 101, 104, vide notification No. S.O. 2421(E), dated 23rd July 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Section 67 of the Consumer Protection Act, 2019 deals with appeal against order of National Commission. Any person, aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 58, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order: Prov The Act was enacted on 09 Aug 2019.
Any person, aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 58, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order:
Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period:
Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited fifty per cent. of that amount in the manner as may be prescribed.
Section 67, The Consumer Protection Act, 2019 (Act 35 of 2019).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ibrat Faizan v. Omaxe Buildhome Pvt. Ltd.
Court's Decision & Legal Precedent
Appeal to Supreme Court under CPA 2019 s.67 lies only against National Commission orders under s.58(1)(a)(i)/(ii). Against National Commission appellate orders under s.58(1)(a)(iii)/(iv), remedy is High Court Art.227; National Commission is a tribunal. DATE-CHECK FP on HC interim dates; body ends MAY 13, 2022 (Shah & Nagarathna JJ).
On this section: s.67 SC appeal unavailable against NC appellate orders under s.58(1)(a)(iii) (Ibrat Faizan).
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Omkar Realtors And Developers Pvt. Ltd. vs Kushalraj Land Developers Pvt. Ltd.
Court's Decision & Legal Precedent
To determine whether goods or services purchased by a legal entity are for a 'commercial purpose' under Section 2(7) of the Consumer Protection Act, 2019, the dominant purpose or intent of the transaction must be evaluated. If there is no close and direct nexus with a profit-generating activity, the entity is a consumer.
On this section: Provision for statutory appeals directly to the Supreme Court from NCDRC orders.
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Omkar Realtors And Developers Pvt. Ltd. vs Kushalraj Land Developers Pvt. Ltd.
Court's Decision & Legal Precedent
A legal corporate entity purchasing a residential property for the personal/residential use of its director is a 'consumer' under the Consumer Protection Act, unless the opposing party discharges the heavy burden of proof to show a close and direct nexus between the purchase and profit-generating business activities.
On this section: Statutory provision establishing the right of appeal to the Supreme Court from NCDRC.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… LTD. …APPELLANT(S) VERSUS KUSHALRAJ LAND DEVELOPERS PVT. LTD. & ANR. …RESPONDENT(S) J U D G M E N T PANKAJ MITHAL, J. - 1. This is a statutory appeal under Section 67 of the Consumer Protection Act, 2019[1]( page-0-0). - 2. The challenge in the appeal is to the judgment and order dated 23.12.2022 passed by the National Consumer Disputes Redressal Commission[2]( page-0-1) in Consumer Complaint No.141 of 2020. NCDRC by the said judgment and order has partly allowed the …
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… APPELLANT VERSUS HIMANSHU DEWAN AND SONALI DEWAN AND OTHERS ..... RESPONDENTS J U D G M E N T SANJIV KHANNA, J. The instant appeal filed by M/s. Experion Developers Private Limited[1]( page-0-0) under Section 67 of the Consumer Protection Act, 2019[2]( page-0-1) , is directed against the order and judgment dated 16.01.2023 passed by the National Consumer Disputes Redressal Commission[3]( page-0-2) , in the Consumer Case No. 34/2022, whereby the appellant has been directed to refund to Himanshu Dewan & Sonali Dewan & …
Questions about Section 67
What have the courts held on Section 67 of the Consumer Protection Act?
Ibrat Faizan v. Omaxe Buildhome Pvt. Ltd. (13 May 2022) is the leading judgment on this section among those set out below: s.67 SC appeal unavailable against NC appellate orders under s.58(1)(a)(iii) (Ibrat Faizan). Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2022 to 2024.
How do I find court cases under Section 67 of the Consumer Protection Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Consumer Protection Act 67, section 67 Consumer Protection Act, section 67 of the Consumer Protection Act. People searching for it also type consumer protection act 2019 section 67. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Ibrat Faizan v. Omaxe Buildhome Pvt. Ltd. (13 May 2022).
What should I read with Section 67 of the Consumer Protection Act, and has it changed?
Its own text turns on section 58 (Jurisdiction of National Commission), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was Section 67 of the Consumer Protection Act enacted?
Section 67 of the Consumer Protection Act, cited as Consumer Protection Act 67, was enacted on 09 Aug 2019 as Act 35 of 2019. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions3979 words
- 38. Procedure on admission of complaint1381 words
- 101. Power of Central Government to make rules916 words
- 39. Findings of District Commission553 words
- 102. Power of State Government to make rules517 words
- 47. Jurisdiction of State Commission493 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.