M/S Royale Mansions vs Arun Jain

Leave granted.

This appeal challenges the order dated 29.11.2018 passed by the National Consumer Disputes Redressal Commission (in short, "National Commission") New Delhi in IA No.21622 of 2018 in First Civil Appeal No.1332/2018.

The aforesaid first appeal was filed by the present appellant challenging the decision dated 21.2.2018 passed by the State Consumer Disputes Redressal Commission (in short, "State Commission") Punjab in Complaint Case No.449/2017.

While allowing said complaint, following directions were passed by the State Commission.

"5. As a result of our above discussion, ex parte complaint of the complainant is accepted by directing OPS to pay amount of Rs.6 lac (rupees six lac only) to complainant with interest @ 12% per annum from the date of their deposits till actual payment. The complainant is also awarded compensation of Rs.40,000/- for mental harassment and Rs.15,000/- as costs of litigation from Ops. Compliance of the order be made within 45 days from receipt of certified copy of this order."

During the pendency of the aforesaid First Appeal challenging the decision of the State Commission, a request was made for stay of the operation of the directions issued by the State Commission. By the order impugned herein, the National Commission directed the appellant to deposit the entire decreetal sum with interest accrued thereon, as a condition for considering said First Appeal.

Reliance is placed on proviso to Section 19 of the Consumer Protection Act, 1986 by the learned counsel for the appellant to submit that the extent of deposit could at best be 50% of the decreetal sum or Rs.35,000/- whichever is less.

At the interim stage, this court had directed the appellant to deposit 50% of the decreetal sum. According to the record, said direction has been complied with and 50% of the decreetal sum i.e. Rs.5,24,000/- have been deposited with the National Commission. Though according to the office report, the service has been effected upon the respondent, but none has entered appearance.

Considering the entirety of the matter, in our view, the ends of justice would be satisfied, if the amount so deposited is taken as due satisfaction of the requirements and the appeal can thereafter be proceeded with in accordance with law.

We order accordingly.

The appeal which is presently pending with the National Commission shall be dealt with on merits and in accordance with law.

The appeal is disposed of.