IMPORTANT POINT
“When a conditional stay is passed, it is for the applicant to fulfil the conditions or not.”

ORDER

C. Viswanath, Presiding Member.—This Revision Petition has been filed by the Petitioner against the impugned order dated 19.06.2019 of the Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla (for short “the State Commission”) in MA/340/2019 in First Appeal No.204/2019 whereby the State Commission had stayed the execution of the order passed by the District Forum till further order. Impugned order dated 19.06.2019 reads as follows: -

“Application filed for stay of execution of order passed by learned District Forum till disposal of application filed for condonation of delay. Notices be issued to non-applicants returnable within a month. In the meanwhile, execution of order passed by learned District Forum stayed till further orders. Applicant shall deposit a sum of Rs.6,76,500/- alongwith interest @ 9% per annum from the date of filing complaint till date within fortnight minus amount already deposited. In addition applicant shall also deposit a sum of Rs.10,000/- ordered as punitive compensation within fortnight minus amount already deposited. In addition applicant shall also deposit a sum of Rs.5,000/- ordered as litigation costs within fortnight minus amount already deposited. Separate show cause notices be issued to non-applicants as to why ex-parte interim order be not made absolute till disposal of application filed for condonation of delay. Objections if any be filed on or before next date of hearing. Be listed on 30.07.2019.”

2. Aggrieved by the aforesaid order, Petitioner has filed the instant Revision Petition. Alongwith the Revision Petition, IA/633/2021, an application for condonation of delay of 492 days has also been filed by the Petitioner. Though the application has been drafted in a casual manner and number of days sought to be condoned has not been mentioned in the application, in the interest of justice, IA/633/2021 is allowed and delay condoned.

3. Heard Learned Counsel for the Petitioner on admission and carefully perused the record. Learned Counsel for the Petitioner submitted that while staying the execution of the order of the District Forum, State Commission erred in directing the Petitioner to deposit Rs.6,76,500/- alongwith 9% interest and compensation of Rs.10,000/- as well as Rs.5,000/- as litigation cost. It was submitted that the State Commission erred in appreciating the pleadings while passing the impugned order. State Commission also failed to appreciate that the District Forum overlooked the fact that Respondent No.1 had not given correct particulars of the Petitioner for affecting service on the Petitioner and succeeded in obtaining ex-parte order from the District Forum. Learned Counsel further submitted that the dispute involved in the Complaint was not maintainable before the Consumer Forum. Even the Civil Court and Criminal Court are not competent to try such cases. It is only Securities and Exchange Board of India (SEBI) which is the Competent Authority to try such cases. The Complaint itself was, therefore, not maintainable and liable to be dismissed. In support of his arguments, learned Counsel for the Petitioner relied on the judgment of Hon’ble Supreme Court in NGHI Developers India Ltd. & Ors. Vs. Urmalal Kumari & Ors. SLP (C) Nos.26791-26798/2018 dated 08.05.2019.

4. State Commission, vide impugned order dated 19.06.2019, had stayed the execution of the order passed by the District Forum and directed the matter to be listed on 30.07.2019. Learned Counsel for the Petitioner made a statement at the bar that the Appeal before the State Commission is still pending and next date fixed in the Appeal is 18.03.2021. The Petitioner filed MA/340/2019 before the State Commission seeking stay of execution of the order passed by the District Forum. State Commission granted conditional stay to the Petitioner. When a conditional order has been granted in favour of the Petitioner, it is for him to fulfil the conditions of the stay or not. State Commission has not committe