ASHOKA ELECTRONICS Vs. MAHAVEER PRASAD SAINI

JUDGEMENT

(1.) IN this appeal, defect was pointed out by the office to the effect that the appellant has not deposited in the prescribed manner fifty percent of the amount or twenty five thousand rupees, whichever is less, as provided in the second proviso to Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act of 1986").

(2.) IT may be stated here that the following proviso was inserted in Section 15 of the Act of 1986 by the Consumer Protection (Amendment) Act, 2002 (for short "the Amended Act of 2002"), which came into force with effect from 15th March, 2003:

(3.) THE learned Counsel appearing for the appellant has submitted that since the original complaint before the District Forum, Churu being Complaint Case No. 173/2002 was filed before coming into force of the amending proviso to Section 15 of the Act of 1986, therefore, since at the time when the original complaint was filed there was no such provision as contained in amended proviso to Section 15, therefore, the office cannot ask the appellant to deposit the amount as provided in the amended proviso to Section 15 of the Act of 1986 and for that, he has placed reliance on the decision of the Hon ble Supreme Court in Ramesh Singh and Another v. Cinta Devi and Others, 1996 3 SCC 142.