K KATHURIA Vs. NATIONAL CONSUMER DISPUTES RED

JUDGEMENT

(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 Pg. 1 of 4 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:-

(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 Pg. 3 of 4