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K. S. KAPSE, S. D. WANDHARE
Bank of India Through Its Branch Manager – Appellant
Versus
Keshav Narayan Deshmukh Through its Legal Heirs – Respondent
ORDER
K.S. Kapse, Presiding Member—Being aggrieved by the order dated 21/11/2025 passed by this State Consumer Disputes Redressal Commission Mumbai, Circuit Bench Amravati (Hereinafter be referred to as the “State Commission” in short.) in First Appeal No. SC/CB3/27/FA/155/2025 i.e. Bank of India -Akola Branch -vs- Dr. Keshav Narayan Deshmukh, Since Dead through his Legal Heirs & one other, the appellant bank hereby submits and applies on basis of facts and grounds as under:
2. The applicant bank has filed First Appeal No. SC/CB3/27/FA/155/2025 along with Stay Application No. SC/CB3/27/IA/138/2025 and application for Condonation of Delay No. SC/CB3/27/IA/139/2025 for challenging the legality and validity of judgment and order Dated 25/02/2025 passed by the Learned District Consumers Complaint Redressal Commission Akola (Hereinafter be referred to as the “Learned District Commission” in short.) in Consumer Complaint No. CC/21/241 i.e. Keshav Narayan Deshmukh Since Dead through his Legal Heirs -vs- Bank of India -Akola Branch & One other.
3. It is clear by the section 50 of C.P. Act 2019 Review by State Commission in certain cases- The State Commission shall have the power to review
Review Power under Section 50 – The State Commission possesses the statutory authority to review its own orders if there is an “error apparent on the face of the record.” This power can be exercised ....
“When a conditional stay is passed, it is for the applicant to fulfil the conditions or not.”
The inherent power of the State Commission allows it to stay execution of orders, despite the absence of explicit provisions in the Consumer Protection Acts, provided statutory conditions are met.
(1) It is a pre-condition to deposit 50 per cent of amount as ordered by State Commission before appeal is entertained by National Commission – However, that does not take away jurisdiction of Nation....
Condonation of delay by imposition of costs justified.
Inherent Power – The Commissions have the inherent power to stay the operation of the impugned order, subject to the condition that the appeal is duly filed after depositing the statutory amount.
The court ruled that a 50% deposit of the decretal amount suffices for stay applications, emphasizing the need for reasoning when imposing stringent conditions by the NCDRC.
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