New Delhi: Supreme court Held on Tuesday that the pre-deposit of 50% of the award given by the State Consumer Commission is mandatory to file an appeal national commission Which can also direct a party to deposit the entire amount before staying the order of the State Forum.
MR Shah and the back of BV Nagarathna It held that the condition of pre-deposit has nothing to do with the grant of moratorium by the National Commission, which may direct the party to deposit more than 50% of the amount or the entire amount as a condition so as to enable it to conduct operations. Can stop state commission count.
The court passed the order on a petition by a batch of real estate companies challenging the orders of the National Commission directing them to deposit the entire amount, which they had to pay to the aggrieved home buyers, before staying the order. was ordered to return. He argued that as per Section 51 of the Consumer Protection Act, the parties cannot be directed to deposit more than 50% of the amount before the National Commission.
“Deposit of 50% of the amount ordered by the State Commission is a pre-condition before the National Commission considers the appeal. Therefore, it is a condition to deposit 50% of the amount before the National Commission considers its appeal. However, this does not take away the jurisdiction of the National Commission to deposit the entire amount or more than 50% of the amount while considering the application for stay of the order passed by the State Commission,” the bench said. “Pre-deposit 50% of the amount ordered by the State Commission under the second provision of section 51” consumer protection act…,” it said.
MR Shah and the back of BV Nagarathna It held that the condition of pre-deposit has nothing to do with the grant of moratorium by the National Commission, which may direct the party to deposit more than 50% of the amount or the entire amount as a condition so as to enable it to conduct operations. Can stop state commission count.
The court passed the order on a petition by a batch of real estate companies challenging the orders of the National Commission directing them to deposit the entire amount, which they had to pay to the aggrieved home buyers, before staying the order. was ordered to return. He argued that as per Section 51 of the Consumer Protection Act, the parties cannot be directed to deposit more than 50% of the amount before the National Commission.
“Deposit of 50% of the amount ordered by the State Commission is a pre-condition before the National Commission considers the appeal. Therefore, it is a condition to deposit 50% of the amount before the National Commission considers its appeal. However, this does not take away the jurisdiction of the National Commission to deposit the entire amount or more than 50% of the amount while considering the application for stay of the order passed by the State Commission,” the bench said. “Pre-deposit 50% of the amount ordered by the State Commission under the second provision of section 51” consumer protection act…,” it said.
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