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1 - 7 of 7 (0.39 seconds)Section 19 in Consumer Protection Act, 2019 [Entire Act]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
The Consumer Protection Act, 1986
Consumer Protection Act, 2019
New India Assurance Co. Ltd. vs Roopa Devi on 5 November, 2020
7. Learned counsel for the respondent also relied upon the decision of
the Supreme Court in New India Assurance Co. Ltd. v. Roopa Devi and
Ors. (CA No. 3641/2020) to submit that in a similar situation, the
Supreme Court while dealing with a MACT matter, had observed that a
pre-requisite for entertaining the appeal, such as a pre-deposit, could not
affect the power of the High Court to put a more stringent condition as a
part of the orders for admission or notice. Therefore, the NCDRC was
fully justified in directing a full deposit of the decretal amount.
(Exemption) Omaxe Buildhome Pvt Ltd vs Ibrat Faizan on 15 July, 2021
11. It is the considered view of this Court, that the interest of justice
would be met by following the view taken by the Supreme Court in
Export Credit Guarantee Corporation Ltd(supra). In that case, though
50 per cent of the decretal amount had been deposited under Section 51
of the new Act, when the appeal had been filed, but the NCDRC while
disposing of the stay application, had directed the deposit of the entire
decretal amount with the SCDRC, subject to which execution was stayed.
This order was modified by the Supreme Court agreeing with the
submission of the learned counsel for the appellant that the statutory
intent did not require the NCDRC to direct the deposit of the entire
decretal amount or to stipulate that without such deposit, there would be
no interim relief. The fact situation is similar to the present one, even if,
this is a case under the old Act, since, the impugned order is post the pre-
deposit for filing the appeal and at the time of grant of stay. The
contention of the learned counsel for the respondent cannot be therefore
accepted that this judgment cannot be followed in the present case.
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