Today, learned counsel Sh. Nischal Sharma on behalf of the appellant along with the appellant – Sh. Mohd. Yusuf Alvi in person, have appeared and stated that the appellant is unable to deposit the statutory amount of Rs. 9,02,500/- before this Commission.
The proviso to Section 41 of the Consumer Protection Act, 2019, clearly stipulates that, “Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Commission, shall be entertained by the State Commission unless the appellant has deposited fifty per cent of that amount in the manner as may be prescribed”.
As the appellant is unable to deposit the statutory amount before this Commission, hence, in absence of mandatory compliance of the aforesaid provision of the Act, the appeal can not be entertained and the same is liable to be summarily dismissed.
Accordingly, the appeal is summarily dismissed at the admission stage itself, being not entertainable.
File be consigned to the record room along with copy of this order.