IMPORTANT POINT
Entertainment of appeal and stay of proceedings stand on different footings.

JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J.

1. Leave granted.

2. These appeals are directed against common interim order dated 15th May, 2012 passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the, 'National Commission') in interlocutory applications for stay in First Appeals preferred by the appellants.

3. The factual matrix of the case is as follows:- A number of complaints u/s 17(1) of the Consumer Protection Act, 1986 (hereinafter referred to as the, 'Act') were filed by different persons before the Consumer Disputes Redressal Commission, Gujarat State, Ahmedabad (hereinafter referred to as the, 'State Commission') against the appellants - opposite parties.

4. The State Commission by order dated 30th January, 2012 allowed the applications in part and directed the appellants-opposite parties to pay certain amount with interest in favour of the complainants.

5. Against the aforesaid orders, the appellants preferred separate appeals u/s 19 of the Act before the National Commission being First Appeal Nos.91-104 of 2012. In all these appeals separate interlocutory applications for stay were filed by the appellants. The National Commission by impugned common order dated 15th May, 2012 passed conditional interim order which reads as under: "Heard. Issue Notice on main appeal as well as on stay applications to the respondents, returnable on 22.11.2012. In the meanwhile, operation of the impugned order shall remain stayed, till next date, subject to appellants depositing 50% of the awarded amount (principal amount), within three months from today, with the State Commission. On deposit of the amount, State Commission shall put the same in fixed deposit in a Nationalized Bank, initially for one year. Dasti."

6. Learned counsel for the appellant contended that the impugned interim order dated 15th May, 2012 passed by the National Commission is contrary to the provisions of Section 19 of the Act. It was further contended that deposit of specific amount has been prescribed under the second proviso to Section 19 of the Act, and, therefore, the National Commission cannot pass an order asking the appellant before it to deposit an amount more than 50% of the amount awarded by the State Commission or Rs.35,000/- whichever is less. In support of such contention learned counsel for the appellant relied upon judgment of Delhi High Court in Dr.(Mrs.) K. Kathuria v. National Consumer Disputes Redressal Forum, AIR 2007 Delhi 135.

7. On the other hand, according to counsel for the respondents, the impugned order is a conditional order of stay and is not passed under second proviso to Section 19 of the Act.

8. After giving our careful consideration to the facts and circumstances of the case and submissions made by learned counsel for the parties, we find ourselves entirely in agreement with the submission made on behalf of the respondents.

9. Section 19 of the Consumer Protection Act, 1986 deals with appeals against the order made by the State Commission in exercise of its power conferred by sub-clause (i) of clause (a) of Section 17 and the said section reads as follows:- "19.Appeals.-Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of Section 17 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed:

Provided that the National Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for Not filing it within that period: Provided further that No appeal by a person, who is required to pay any amount in terms of an order of the State Commission, shall be entertained by the National Commission unless the appellant has deposited in the prescribed manner fifty per cent of the amount or rupees thirty-five thousand, whichever is less." On plain read