The court emphasized the importance of depositing a portion of the decretal amount to revive the appeal, in line with consumer protection principles.

ORDER

1. Application seeking exemption from filing certified copy of the impugned judgement is allowed.

2. While we decline to entertain the present petition, in the interest of justice, an opportunity is granted to the petitioner to approach the State Consumer Disputes Redressal Commission1, Shimla, offering to deposit at least 50% of the decretal amount in terms of the order dated 02nd September, 2022, passed by the District Consumer Disputes Redressal Commission, Kangra.

3. Learned counsel for the petitioner states that he shall be moving the application before the State Commission within two weeks from today.

4. If the petitioner moves such an application and shows his bona fide by depositing 50% of the decretal amount, the State Commission is directed to consider the request of reviving the appeal preferred by the petitioner herein, which has been disposed of on account of non-deposit of the decretal amount.

1 For short the “State Commission”

Digitally signed by POOJA SHARMA Date: 2023.10.30 19:04:55 IST Reason:

Signature Not Verified

5. In view of the orders passed above, the order passed by the National Consumer Disputes Redressal Commission dated 24th August, 2023, is set aside.

6. The Petition for Special Leave to Appeal is disposed of on the above terms.

…………………….....................J. (HIMA KOHLI) …………………….....................J. The Petition for Special Leave to Appeal is disposed of on the above terms.

…………………….....................J. (HIMA KOHLI) …………………….....................J. (AHSANUDDIN AMANULLAH) NEW DELHI; 19^th OCTOBER, 2023. ITEM NO.67 COURT NO.14 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 23959/2023 (Arising out of impugned final judgment and order dated 06-10-2023 in CMPMO No. 548/2023 passed by the High Court Of Himachal Pradesh At Shimla) BHAVIKBHAI PETITIONER VERSUS PRIYA KUMARI RESPONDENT (FOR ADMISSION and I.R. and IA No.219934/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 19-10-2023 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Praveen Swarup, AOR Mr. Abhay Gupta, Adv. Mr. Arun Sharma, Adv. Mr. Param Jeet Singh, Adv. Mr. Devesh Maurya, Adv. Mr. Baij Nath Yadav, Adv. Mr. Vivek Verma, Adv. Mr. Pratham Sethi, Adv. Mr. Rajatdeep Sharma, Adv. For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R The petition for Special Leave to Appeal is disposed of in terms of the signed order, which is placed on the file. (POOJA SHARMA) (NAND KISHOR) COURT MASTER (SH) COURT MASTER (NSH)