NCDRC

NCDRC

RP/1729/2006

ORIENTAL INSURANCE CO. LTD. - Complainant(s)

Versus

TEJPAL SINGH - Opp.Party(s)

MR. VISHNU MEHRA

08 Oct 2009

ORDER

Date of Filing: 20 Jul 2006

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1729/2006
(Against the Order dated 20/04/2006 in Appeal No. 1293/2003 of the State Commission Chandigarh)
1. ORIENTAL INSURANCE CO. LTD.SCO NO.40 SECTOR 70 PANCHKULA HARYANA ...........Appellant(s)

Vs.
1. TEJPAL SINGHR/O HOUSE NO.3017 SECTOR 21-D CHANDIGARH ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. VISHNU MEHRA
For the Respondent :NEMO

Dated : 08 Oct 2009
ORDER

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          State Commission has dismissed the appeal for non-compliance with the provisions of Section 15 of the Consumer Protection Act.  Under proviso to Section 15, appeal can be entertained only on deposit of 50% of the decretal amount or Rs.25,000/-, whichever is less.  Petitioner filed the appeal in the year 2003.  Till the disposal of the appeal on 20.4.2006, petitioner had not deposited the statutory amount. 

          This Commission has, in number of cases, held that compliance with the provisions of Section 15 are mandatory and in the absence of compliance with the same, appeal cannot be entertained.

          Counsel for the petitioner contends that the Demand Draft prepared by him in the sum of Rs.25,000/- was not accepted by the State Commission as no head/account on account of the statutory amount had been opened by that time.  This was in the year 2003.  Petitioner had not put a photocopy of the Draft, which it had got prepared in 2003 till the date of the disposal of the appeal.  Dismissed.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER