Hajari Lal Agarwal vs Arvind Kumar Shrivastava (Advocate)

THIS revision petition has been filed by the petitioners against the order dated 24.07.2013 passed by the Uttarakhand State Consumer Disputes Redressal Commission, Dehradun (in short, ''the State Commission'') in Appeal No. 198/2013 Hazari Lal Aggarwal Vs. Arvind Kumar Shrivastava (Advocate) by which, stay was granted subject to depositing 50% of the awarded amount.

BRIEF facts of the case are that complainant/respondent filed complaint before District Forum against OP/petitioner which was allowed and OP was directed to pay Rs.5,00,000/ - to the complainant along with other directions. Appeal filed by OP was admitted vide impugned order and operation of District Forum order was stayed subject to depositing of 50% of the awarded amount with District Forum within 30 days against which, this revision petition has been filed.

NONE appeared for the respondent even after service. Heard learned Counsel for the petitioner and perused record.

LEARNED Counsel for the petitioner submitted that inspite of claiming only Rs.1,00,000/ - as compensation in the affidavit filed before learned District Forum, State Commission granted stay subject to depositing 50% of the awarded amount of Rs.5,00,000/ -, hence, revision petition be allowed and impugned order be set aside or modified.

PERUSAL of record reveals that complainant in the complaint claimed Rs.5,00,000/ - as compensation on account of physical mental agony, but in the affidavit filed before District Forum claimed only Rs.1,00,000/ - as compensation on account of mental and physical agony, but learned District Forum awarded Rs.5,00,000/ - as compensation. Petitioner while preferring appeal before State Commission also prayed for stay of the order of District Forum and learned State Commission stayed operation of District Forum order subject to depositing 50% of the awarded amount with the District Forum. I need not to discuss merits of the case at this stage, but as complainant claimed Rs.1,00,000/ - in the affidavit before District Forum, it would be appropriate to modify impugned order and direct petitioner to deposit Rs.50,000/ - instead of 50% of the awarded amount with the District Forum for obtaining stay.

CONSEQUENT LY , revision petition filed by the petitioner is allowed and impugned order dated 24.7.2013 passed by learned State Commission in Appeal No. 198 of 2013 Hazari Lal Agarwal and Anr. Vs. Arvind Kumar Shrivastava is modified and operation of order of District Forum shall remain stayed subject to the condition that petitioner deposits Rs.50,000/ - with the District Forum within a period of 30 days from today.