ORAL
State Consumer Disputes Redressal Commission
U.P., Lucknow.
Appeal No. 551 of 2015
Executive Engineer, EDD-I, Kadju Marg,
Bareilly. ..Appellant.
Versus
Raj Narain Saxena s/o Late Chail Behari Lal Saxena,
R/o House no.219, Kaherwan, Biharipur,
Thana Kotwali, Bareilly. ….Respondent.
Present:
Hon'ble Mr. Vijai Varma, Presiding Member.
Hon'ble Mr. Raj Kamal Gupta, Member.
Shri Deepak Mehrotra for the appellant.
None for the respondent.
Date: 24.5.2018
ORDER
(Delivered by Sri Vijai Varma, Member)
Case called out. Counsel for the appellant Shri Deepak Mehrotra appeared and sought time to make up the short comings in the filing this appeal.
It transpires that this appeal was filied on 23.3.2015 i.e. about more than 3 years back and since then the defects in filing the appellant are not being removed. Even, a defect like compliance with the Proviso 2 of Section 15 of the Consumer Protection Act whereby it is mandatory to deposit 50% of the decretal amount or Rs.25,000.00 which ever is less, has not been complied with, even though innumerable opportunities have been given for the purpose. In fact, many a times a last opportunity was given to remove the defect, otherwise this appeal may be dismissed. But, still this defect has not been removed, therefore, there is no option but to dismiss this appeal as defective at the admission stage.
It is accordingly, dismissed.
Certified copy of the order be provided to the parties in accordance with rules.
(Vijai Varma) (Raj Kamal Gupta)
Presiding Member Member
Jafri PA II Court No.2