ORDER

This revision petition has been filed in challenge to the Order dated 24.05.2024 in appeal no.277 of 2024 of the State Commission Orissa.

2. Heard the learned counsel for the parties and perused the record including inter alia the Orders passed by the Fora below and the memo of petition.

3. It appears that a complaint was made before the District Commission. The complaint was allowed by the District Commission and the following award was made therein which reads as follows:-

The case of the complainant is allowed ex parte against the O.P. The O.P is hereby directed to restrain himself from such unfair trade practice with immediate effect and not to charge any extra amount other than the MRP as reflected in the price list as well as to the label of the bottle. As mentioned by the complainant, the O.P used to sell 5000 number of Bira Boom beer bottle per month which goes to show that in the meanwhile through the said illegal process, the O.P had infact amassed illegal wealth and thereby had caused gross financial loss to the people at large who were consumers at his shop but are unidentifiable now. As per the provisions of Sec-39(K) of the C.P.Act, 2019, this unfair trade practice by the O.P tilts our eye brows for which as prescribed in the aforesaid provision as minimum of 25% of the value is to be levied upon the O.P. Accordingly, this Commission thinks it proper to direct the O.P to deposit a sum of Rs.20,00,000/- in the State Consumer Welfare Fund. The O.P is further directed to refund the extra amount of Rs.10/- taken from the complainant in the Bira Boom beer bottle as sold to him and further to pay a sum of Rs.50,000/- to the complainant as compensation towards his mental agony and harassment so also to bear his litigation expenses to the tune of Rs.15,000/-. This order is to be carried out within a period of 30 days from the date of receipt of this order.

4. Thereafter feeling aggrieved by the

Order passed by the District Commission

the appeal was filed before the State Commission. The appeal was admitted and while admitting the appeal the following Order was passed:-

Learned counsel for the appellant deposited statutory amount of Rs.32,505/- as per the office note in shape of Demand Draft bearing Nos.608940 dated 23.5.2024 and No.608951 dated 24.5.2024.

Learned counsel for the respondent submitted that the amount deposited by the appellant towards statutory amount is not 50% of the awarded amount as such direction be given to the appellant to deposit 50% of the awarded amount towards statutory amount.

As per Section 41 of C.P.Act, 2019 the appellant is required to deposit 50% of the awarded amount to be paid to the complainant. In the present appeal the appellant has deposited the same as per the office note same is accepted. The same be deposited in any nationalized Bank in a fixed deposit account for three months with automatic renewal facility till further orders.

Heard.

Admit.

Call for the DFR in the meantime.

Learned counsel for both the parties are directed to file written note of submission by the next date.

List the matter on 07.06.2024 awaiting the DFR and for orders.

5. The present petition has been filed against the afore-said Order passed by State Commission at the stage of admission.

6. Heard counsel for the petitioner and perused the record including inter alia the Orders passed by the fora below.

7. Learned counsel for the petitioner has drawn our attention to Section 41 of Consumer Protection Act, 2019, specifically to sub-para 3 of the Section which is the second proviso of Section 41. The same may be quoted hereinbelow:-

41. Appeal against order of District Commission:- Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of forty-five days from the date of the order, in such form and manner, as may be prescribed:

Provided ....

Provided further that n