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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

REVISION PETITION NO. NC/RP/1318/2025

(Against the Order dated 10th November 2025 in Appeal SC/9/FA/324/2025 of the State

Consumer Disputes Redressal Commission Uttar pradesh)

WITH

NC/IA/12304/2025 (EXEMPTION FROM FILING TRIAL RECORDS)

NC/IA/12303/2025 (EXEMPTION FROM FILING THE CERTIFIED COPY)

NC/IA/12302/2025 (FOR GRANT OF STAY)

ASHOK AUTO SALES LTD Through its Branch Manager

BUSINESS ADDRESS - CHANDPUR BYPASS ROADBULANDSHAHR,UTTAR PRADESH.

ASHOK AUTO SALES LTD Through its Manager

BUSINESS ADDRESS - NUNHAI CHHANDEEP ROADAGRA,UTTAR PRADESH.

.......Petitioner(s)

Versus

RAJNESH KUMAR S/o. Jagrosh Singh

PERMANENT ADDRESS - J.S. EDUCATION ACADEMY , DASTURA , KHURZA, JHAJHAR

ROAD , BULANDSHAHR,UTTAR PRADESH.

.......Respondent(s)

BEFORE:

HON'BLE MRS. JUSTICE SAROJ YADAV , PRESIDING MEMBER

FOR THE PETITIONER:

FOR THE PETITIONER : MR. SIDHANT KAPOOR, ADVOCATE MS. PALAK RAWAT,

ADVOCATE

DATED: 22/12/2025

ORDER

1. The present Revision Petition under Section 58(1)(b) of the Consumer Protection

Act, 2019 has been filed by M/s. Ashok Auto Sales Ltd. (hereinafter referred to as the

Petitioner/Opposite Party) against the order dated 09.09.2025 passed by the learned State

Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow (hereinafter referred

to as the State Commission) in First Appeal No. SC/9/FA/324/2025, arising out of the order

dated 11.12.2024, passed by the learned District Consumer Disputes Redressal

Commission, Bulandshahr (hereinafter referred to as the District Commission) in

Complaint Case No. 133/2019.

2. Heard the learned counsel for the petitioner.

3. It has been submitted by the petitioner that the learned State Commission has

passed a non-speaking, unreasoned and cryptic order granting stay of the execution

proceedings in the consumer complaint, subject to deposit of the entire decretal amount,

which is Rs.13,33,200/- along with 6% yearly interest from the date of filing of the

complaint and Rs.50,000/- as mental compensation in Rs.10,000/- for litigation costs

before the District Commission, after adjusting the amount deposited as the mandatory

pre-deposit before the State Commission at the time of filing of the Appeal, which is

contrary to the principles laid down by the Hon’ble Supreme Court.

4. The learned counsel for the petitioner relied on following case Laws:

1. Export Credit Guarantee Corporation Ltd. Vs. M/s. Bharat Enterprises

Civil Appeal Nos. 3678-3679 of 2020 (Arising out of SLP Civil) Nos.

13166-13167 of 2020) decided on 16.11.2020;

2. TDI Infratech Ltd. Vs. Rajesh Arora 2021 SCC OnLine Del 3814 decided

on 26.07.2021;

3. Lifestyle Equities C.V. & Anr. Vs. Amazon Technologies Inc. Special

Leave to Appeal (C) No. 19767 of 2025 decided on 07.10.2025.

5. Considered the submissions made, perused the record and gone through the case

Laws cited.

6. It appears that the learned State Commission in its order dated 09.09.2025,

impugned herein, has ordered the petitioner / appellant to deposit the entire decretal

amount before the concerned District Commission within a period of six weeks, while

granting stay.

7. In Manohar Infrastructure and constructions Pvt. Ltd. Vs. Sanjeev Kumar

Sharma, Civil Appeal No. 7098 of 2021decided on 07.12.2021, the Hon’ble Supreme

Court has laid down as under:

“15. The sum and substance of the above discussion and our conclusions would

be that:

(i) Pre-deposit of 50 per cent of amount as ordered by the State Commission

under second proviso to Section 51 of the Consumer Protection Act, 2019 is

mandatory for entertainment of an appeal by the National Commission;

(ii) The object of the said pre-deposit condition is to avoid frivolous appeals;

(iii) The said pre-deposit condition has no nexus with the grant of stay by the

National Commission;

(iv) While considering the stay application in staying the order passed by the State

Commission, the National Commission can grant a conditional stay directing

the appellant(s) to deposit the entire amount and / or any amoun