NCDRC

NCDRC

RP/272/2012

STATE BANK OF INDIA - Complainant(s)

Versus

AMAR SINGH - Opp.Party(s)

MR. S.L. GUPTA

23 Jul 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 272 OF 2012
 
(Against the Order dated 26/12/2011 in Appeal No. 267/2011 of the State Commission Uttaranchal)
1. STATE BANK OF INDIA
Lasker
Haridwar - 247663
Uttarakhand
...........Petitioner(s)
Versus 
1. AMAR SINGH
S/o Sh Jaharu, R/o Gram Lalchandwala, Thana, Khanpur, Post Office Goverdhanpur
Haridwar
Uttarakhand
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr. Anil Kumar Tiwari, Advocate
For Mr. S.L. Gupta, Advocate
For the Respondent :NEMO

Dated : 23 Jul 2012
ORDER

Heard learned counsel for the petitioner. None appeared for respondent though notice was sent on 7.6.2012. District Forum vide its order dated 25.11.2011 allowing the complaint, directed the petitioner/opposite party to credit within one month amount of Rs.80,000/- and Rs.5,60,000/- in the account of complainant/respondent alongwith Rs.10,000/- as compensation. Petitioner preferred an appeal against the order of District Forum and State Commission vide impugned order dated 26.12.2011 while admitting appeal and hearing on the stay application, ordered that order of District Forum shall remain stayed, subject to deposit of 50% of the awarded amount with the District Forum within a period of 45 days. Learned counsel for the petitioner challenged this order and submitted that petitioner has already deposited Rs.25,000/- with the State Commission, hence, this order may be set aside. Depositing Rs.25,000/- is a pre-requisite condition for filing appeal before the State Commission. State Commission has rightly stayed operation of order passed by District Forum, subject to deposit of 50% of the awarded amount within 45 days with the District Forum. Learned counsel for the petitioner could not show any infirmity, illegality or irregularity in the impugned order and in such circumstances, revision petition is liable to be dismissed at the admission stage. Consequently, revision petition filed by the petitioner is dismissed with no order as to costs.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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