The State Commission has dismissed the appeal as the petitioner had failed to comply with the second proviso to Section 15 of Consumer Protection Act, 1986 requiring the petitioner to deposit either 50% of the amount awarded or Rs.25,000/- before the appeal could be entertained.  Petitioner, inspite of repeated adjournments, did not deposit the amount which had been mandated by the State Commission.  

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          We agree with the view taken by the State Commission that the provisions of Section 15 of the Act are mandatory and the appeal could not be entertained till the deposit of the money.

          This apart, Secretary, State Consumer Disputes Redressal Commission, Haryana, Panchkula on a request conveyed to him through counsel for the petitioner has reported that the petitioner did not deposit the Draft of Rs.25,000/- and only a photocopy of the Draft was given along with application which means ‘Nothing’.  The relevant part of the report of Secretary reads as under:

      “It is intimated that the bank draft dated 10.1.2006 has not been deposited by the appellant as per record of this Commission.  However, an application dated 12.1.2006 was moved by the appellant to condone the delay for depositing the amount as required by second proviso of Section 15 of the Consumer Protection Act, with further prayer to accept the demand draft of Rs.25,000/- dated 26.11.2005 (only photo copy of draft No.456626 dated 26.11.2005 was attached with the application) and to decide the appeal on merits.  This application has been considered and rejected by the Hon’ble State Consumer Disputes Redressal Commission, Haryana vide order dated 28.3.2006 while deciding First Appeal No.1512 of 2003 LIC Vs. Smt. Sunita.”

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          Revision petition is dismissed.  No costs.

          Registrar of this Commission is directed to release sum of Rs.25,000/- deposited by the petitioner to the respondent along with accrued interest in part adjustment of the decreetal amount.

          Petitioner is directed to pay the balance amount to the  respondent within 6 weeks, failing which the respondent would be at liberty to execute the decree under Section 25/27 of the Consumer Protection Act, 1986.