Appeal filed by the petitioner against the order of the District Forum directing the petitioner to pay Rs.5,000/- as compensation for mental pain, agony and harassment along with litigation cost of Rs.1,100/- has been dismissed by the State Commission for non-compliance with the second proviso to section 15 which came into effect from 15.3.2003.  Second proviso to section 15 provides :

“Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Forum, shall be entertained by the State Commission unless the appellant has deposited in the prescribed manner fifty per cent of that amount or twenty-five thousand rupees, whichever is less.”

          Admittedly, in the present case, the appeal was filed on 11.8.2003.  In spite of orders passed on 5.11.2003, 20.5.2004 and 14.10.2004 by the State Commission requiring the petitioner to comply with the second proviso to section 15, the petitioner did not deposit the 50% of the awarded amount.  The State Commission, relying upon the judgement of the Supreme Court in Shyam Kishore vs. Municipal Corporation of Delhi – AIR 1992 SC 2279 and of this Commission in Dheeru Bhai Investment Co. & Anr. vs. Dheeraj Kumar – Revision Petition No.1460/2006 decided on 15.7.2006, held that the appeal filed by the petitioner could not be entertained without complying with the second proviso to section 15.

          We agree with the view taken by the State Commission.  Otherwise also, we feel that the amount involved in this case is only Rs.6,100/-, which is a very small amount, the case need not be remitted back to the State Commission to settle the dispute.  Expenses incurred by each of the parties would be much more than the amount involved.  Dismissed.