Dr. Mrs. K. Kathuria vs National Consumer Disputes Red
2006 Latest Caselaw 1193 Del

JUDGMENT

Mukul Mudgal, J.

1. This writ petition challenges the order dated 19th December, 2005 of the National Consumer Disputes Redressal Forum by which the petitioner W.P.(C) 329/2006 was required to deposit 50% of the awarded amount as a pre-condition for stay of the order of the State Commission. The amount awarded in the present case was Rs. 2,50,000/- plus Rs. 5000/- as expenses. Section 19 of the Consumer Protection Act, 1986 reads as follows:

19. Appeals.- Any person aggrieved by an order made by the State commission in exercise of its powers conferred by Sub-clause (i) of Clause (a) of Section 17 may prefer an appeal against such order to the National Commissioner within a period of thirty days from the date of the order in such form and manner as may be prescribed:

Provided that the National Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was no 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 State Commission, shall be W.P.(C) 329/2006 entertained by the National Commission unless the appellant has deposited in the prescribed manner fifty per cent of the amount or rupees thirty-five thousand, whichever is less].

2. The second proviso to Section 19 says that an appeal against an order of a State Commission requiring the appellant to pay a certain amount, is not to be entertained by the National Commission unless the appellant has deposited in the prescribed manner 50% of the said amount or Rs. 35,000 whichever is less.

3. In view of the clear wording of Section 19 of the Act, we are of the view that an amount exceeding Rs. 35,000 could not have been directed to be deposited in the instant case. Since the amount of Rs. 35,000 has, according to the petitioner, already been deposited, no further deposit is required to be made by the petitioner. The impugned order to the extent it directs the deposit of an amount higher than Rs. 35,000 cannot be sustained. The writ petition is accordingly allowed to that extent. W.P.(C) 329/2006

4. The learned Counsel for the respondent No. 2 states that the amount of Rs. 35,000 may be released to respondent No. 2. It is open for the respondent No. 2 to make such a prayer before the National Commission.

5. The writ petition stands allowed as indicated above.