IN THE SUPREME COURT OF INDIA
(Order XVI
Rule 4(1) (a)
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION
(Under Article 136 of the Constitution of India)
S.L.P. (Civil) No.........................................................of 2019.
In the matter of:
++++++++++
S/o ++++++++++++
R/o ________ No. 3
++++++++++++++++++++++
____________________________
.....................Petitioner
Versus
___________ Vidyut Nigam Limited
Through its Director / Manager
With Registered Office at Regd.
Office ______
(TEMP SDO), ______, ______________________
……………Respondent
Special Leave Petition Sample
May it please the Hon'ble Chief
Justice of India and His Lordship's Companion Judges of the Supreme Court. The
petitioner-appellant-(company) MOST RESPECTFULLY SHOWETH:
1. That the petitioner is a law abiding
citizen of India who is an entrepreneur by profession and a human rights
activist by temperament, and is challenging by way of this Special Leave Petition
the judgment an order of The National Consumer Disputes Redressal Commission (
henceforth referred to as NCDRC in this petition) towards his review petition
in case no. CC/****/201* dated 13.06.2018 (received by the petitioner on
04.06.2019 vide registered post no. RD 0917977**IN) in proceeding under Section
21 (a) (i) of The Consumer Protection Act, 1986 (CPA)
2. That the
questions of law involved in this matter are as follows:
(a) Whether the Hon’ble NCDRC has fallen into
error in taking the view that a proper assessment was already furnished to it
despite that can NCDRC orders declare that there was no assessment submitted
for the claim?
(b) Whether in
review petition pertaining to the same complaint a copy of the receipt of the
assessment from registry was also filed later with the review petition with the
NCDRC, so could there really be no grounds and to admit the complaint when the
dismissal of the complaint was solely on the ground that there was no
assessment furnished to Hon’ble NCDRC?
(c) As due claim
assessment was already submitted before the commission through its registry
before the final judgment was pronounced, and for this a review petition was
filed with the Hon’ble NCDRC, would it really not be an “error on the face of
record” for which such review petitions with NCDRC are meant?
3. That the
petitioner had a domestic electricity connection at his ancestral house where
he used to live and the opposite party disconnected because of dues of Rs. ******/- without notice while it was not serving bills for several months despite
the complainants visiting at the billing office who were only making excuses,
and no payments are accepted without bills.
4. That the opposite party did not even inform
about disconnection and take signatures on receipt and the improper receipt was
found lying at the property.
5. There was no
communication ever made by the opposite party on its own regarding
disconnection and it was also unwilling to correct its mistake and had always
been adamant on recovering re-connection charges despite its own fault.
6. That the opposite
party had to compromise with the re-connection charges at a stage when his
father returned after admission in hospital.
7. Despite such
deficiency in services there was no reason that the same deficiency could not
be repeated again and this would call for further atrocities despite making any
compromises at any earlier stage. The proof to it is police complaint by the
complainant to which police replied that it called on phone and the concerned ____L staff told them that they can disconnect electricity even without notice
automatically, which is violation of section 56 (1) of the Indian Electricity
Act 2003 which mandates not less than 15 clear days notice prior disconnection.
8. That due to
such disconnection the complainant suffered huge pecuniary losses in his
occupational career as he was busy preparing for his X MSME business firms in
the Information Technology and allied sectors at his residence which were duly
registered with Income Tax PAN for each of them.
9. That due to
such career losses and mental agony in the same proportion the petitioner
claimed an amount of 502 crores through a complaint with NCDRC and when asked
on the first hearing submitted complete assessment on 28 May 2018 with the
commission as the 2 member bench asked.
10. In the
second hearing the 2 member asked for more explanation so the complainant
sought one more chance for the same and the bench ordered accordingly but as
the order only said that complainant wants one more chance and rescheduled the
hearing the registry did not accept further explanation and asked to submit it
directly before the bench.
11. That as the
2 member bench went for summer vacations a single member bench heard the case and
did not accept further explanation and issued an order claiming that no
assessment was submitted which is not the fact.
12. A review
petition was filed with the same single member along with the receipt of the assessment
submission with the NCDRC registry, still the Hon’ble NCDRC member mentioned in
their extremely concise order that no grounds to review or recall the order were
found by them.
13. The single
member bench in its own order had mentioned that the petitioner has the right
to claim any amount but it was only concerned with assessment and summarily
ignored it despite the complainant had submitted a proper detailed assessment
document.
14. The single
member found the claimed amount mind boggling which is obvious but with it due
assessment and grounds it is no how mind boggling as the assessment shows the
claim despite diminishing it for all possible reasons to be amounting to Rs.
31, 500 crores, while the complainant sought only 500 crores for it considering
the capacity of opposite party to pay and to impose lesser burden on it.
15. That though
the orders of the single member bench allow the petitioner to make smaller
claim at any other forum but that also needs assessment and due assessment for
the claimed amount was already furnished with NCDRC.
16. That it is
not feasible for such aspiring entrepreneur complainant to claim smaller amount
as then the same time if utilized by him would better enable him recovering
from the damages caused by the opposite party in his life.
17. The
impugned NCDRC orders have only curtailed the consumer rights ab initio, and are regressive and
degenerative in approach with no legal, moral or legitimate standing.
SLP GROUNDS
18. That the impugned orders of NCDRC are based on untrue
assumption that no assessment of claim was submitted while it was duly
submitted
to which the commission registry must have record, and to
which copy of receipt from the
registry was also submitted by the
petitioner with the review petition.
19. That the petitioner has not
filed any appeal or other proceeding relating
to this matter in this Hon'ble Court or any other Court.
RELIEF
SOUGHT under SLP
20. The petitioner accordingly prays that this Hon'ble Court be pleased
to
grant Special Leave to the complaint be heard by Hon’ble NCDRC and
proceedings take place accordingly.
21. Any other relief that the Hon’ble court deems fit.
PETITIONER-in-Person
What is Special Leave Petition (SLP)?
In India Special Leave Petitions (S.L.P.) holds a prime place in the Indian Judiciary. Its provision is as a residual power in the hands of the Supreme Court of India (SCI).
This power is to be exercised only in such cases when there is involvement of any
crucial question of, or gross injustice has been done.
It provides the
aggrieved party a special permission to be heard in the Top Court in an
appeal against any judgment or order of any Court/tribunal in the
territory of India (except for military tribunal and court martial cases).
Indian Constitution under Article 136
vests the Supreme Court of India, the apex court of the country, with a special
power to allow or grant special leave, to appeal against any judgment or order
or decree in any matter or cause, that was passed or made by any Court/tribunal
within the territory of India.
This is to be used in case any substantial
constitutional question of law is involved, or gross injustice has been done.
It is discretionary power that vests in the Supreme Court of
India and the court may in its discretion refuse to grant leave to appeal.
The
aggrieved party cannot claim special leave to appeal under Article 136 as a
right, but it is merely a privilege that vests in the Supreme Court of India to
grant leave to appeal or otherwise.
What is the
scope of power that vests with the Supreme Court under article 136?
The
constitution of India vests discretionary
power in the Supreme Court of India.
Supreme Court
of India may on its discretion be able to grant special leave to appeal from
any judgment or decree or order in any matter or cause made or passed by any Courts
/ tribunals in the territory of India.
Supreme Court
of India may also refuse to grant the leave to appeal by exercising its own discretion.
An aggrieved party from the order, judgment or decree of high
court cannot claim special leave to appeal as a right.
Though it is privilege
which vests with the Supreme Court of India and this leave to appeal is
permissible only by it.
Any aggrieved party may approach India's Apex Court under Article 136 of the constitution in case any constitutional or legal issue exists and which Supreme Court of India may clarify.
SC can hear this as civil or criminal appeal, whatever the case is.
Can one file a review petition with High Court even if their
SLP is pending with the Supreme Court?
Yes, according to a Delhi High Court ruling one can file a
review petition with High Court even if their SLP (Special Leave Petition) is
pending with the in Supreme Court.
Can one file an SLP against the order of NCDC?
Yes, one can prefer appeal or an SLP against the National NCDRC
(National Consumer Disputes Resolution Commission). The benefit of SLP is that you get
90 days after receiving the order copy, so if you miss out appeal time you
still have SLP option. And on expiry of both you still have Condonation of
Delay option which the SC may or not allow. This is same as SLP which is not a
right and at a special discretion of the Supreme Court.
What is the amount of court fee for Special Leave Petition?
The amount of court fee payable for Special Leave petition is according to the schedule in the Supreme Court Guidelines of 2013.
What are the restrictions involved in case of SLP?
Aggrieved
party can file SLP against any judgment or decree or order of any High Court / tribunal
within the territory of India.
Also, SLP can be filed in case a refuses to
grant the certificate of fitness for appeal to the SCI (Supreme Court of India).
One can file SLP against any judgment of High Court within
90 days from the date of judgment.
Also, they can file SLP within
60 days against the order of the High Court refusing to grant the
certificate of fitness for appeal to Supreme Court.
Any aggrieved party can file SLP against the order or judgment of
refusal of grant of certificate by the relevant HC.
Rules relevant to restrictions on SLP
According to ruling in the matter of SLP (c) 004307 of 2008 special
leave petition is required to state all the facts that are necessary to enable
the court to determine whether it should grant Special Leave or not.
It is requirable to be signed by
Advocate on record or petitioner in person.
The petition should also contain
statement that the petitioner has not filed any other petition in the High Court.
It should accompany a certified copy of judgment appealed against and an
affidavit by the petitioner verifying the same.
This should also accompany all
the documents that formed components of pleading in Lower Court.
Where
to Download SLP (Special Leave petition format from)?
You can download Special Leave petition format specimen for thew Supreme Court of India Resources at SLP Format from SC
The same original Supreme Court format is as follows:
NO.28
IN THE SUPREME COURT OF INDIA
[S.C.R., Order XXI Rule 3(1) (a)]
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION
(Under Article 136 of the Constitution of India)
S.L.P. (Civil) No. .......................... of ......................
BETWEEN Position of Parties
In the Court/Tribunal from In this Court
whose order the petition
arises
(A) (Here insert the name/names Petitioner/ Petitioner
of the Petitioner Respondent/
Appellant
(B)
(C)
AND
(D) Here insert the name/names Petitioner/ Respondent
of Respondent Respondent/
Appellant
(E)
(F)
To
Hon’ble the Chief Justice of India and His Companion Judges of the Supreme Court of India.
The Special Leave Petition of the Petitioner most respectfully showeth:
1. The petitioner / petitioners above named respectfully submits this petition seeking special leave to appeal against the
judgment/order of (Here specify the Court / Tribunal against whose order the leave to appeal is sought for together with
number of the case, date of the order and nature of the order such as allowing or dismissing the matter or granting or
refusing the interim order, etc.)
2. QUESTIONS OF LAW :
The following questions of the law arise for consideration by this Hon’ble Court :
(Here set out the questions of law arising for consideration precisely)
3. DECLARATION IN TERMS OF RULE 3(2) :
The petitioner states that no other petition seeking leave to appeal has been filed by him against the impugned judgment
and order.
4. DECLARATION IN TERMS OF RULE 5:
The Annexures produced alongwith the SLP are true copies of the pleadings/documents which formed part of the records
of the case in the Court / Tribunal below against whose order the leave to appeal is sought for in this petition.
5. GROUNDS :
Leave to appeal is sought for on the following grounds.
(Here specify the grounds precisely and clearly)
6. GROUNDS FOR INTERIM RELIEF :
(Here specify briefly the grounds on which interim relief is sought for)
7. MAIN PRAYER :
(Here set out the main prayer)
8. INTERIM RELIEF :
(Here set out the interim prayer)
Place : Advocate for the petitioner
Date:
Settled by :
(Specify the name of the Advocate in case where the petition is
settled by an advocate.)
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You can draft a petition keeping in mind the guidance there in and may take help from this specimen cited above.
Tags: #Sample Petition #Special Leave Petition, #Sample Petition Against Nation Commission Order,
#Sample Petition Against Consumer Forum Order, #Appeal Against Consumer Forum Order, #SLP, #SLP Format, #SLP Specimen #SLP Draft #SLP Sample #Sample Of Special Leave Petition
