Whether approved for reporting?¹Whether Reporters of the local papers may be allowed to see the order?

O R D E R:

Justice Inder Singh Mehta, President (Oral)

Instant appeal is arising from the order dated 14.05.2026 passed by learned District Consumer Commission, Hamirpur, H.P. in Consumer Complaint No. 56/2019 titled Sanjeev Kumar Versus Sh. Mukesh Kumar & Ors., whereby the complaint of the complainant was allowed against the opposite party No.3.

In the instant appeal, the Registry has raised objection that no awarded amount is deposited by the appellant in terms of Section 41 of Consumer Protection Act, 2019. The appeal was listed firstly before this Commission on 04.08.2026 and thereafter two opportunities have already been granted to the appellant to deposit 50% of the awarded amount in terms of Section 41 of Consumer Protection Act, 2019, but the appellant has failed to comply with the provisions of Section 41 of the Act.²

Even today, learned counsel of the appellant failed to deposit the requisite 50% of the awarded amount.

Section-41 provides for filing appeal against the order of District Commission, which reads as under:-

41. 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 that the State Commission may entertain an appeal after the expiry of the said period of forty-five days, if it is satisfied that there was sufficient cause for not filing it within that period: Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Commission, shall be entertained by the State Commission unless the appellant has deposited fifty per cent. of that amount in the manner as may be prescribed: Provided also that no appeal shall lie from any order passed under sub-section (1) of section 81 by the District Commission pursuant to a settlement by mediation under section 80.

A bare perusal of Section-41 of Consumer Protection Act, 2019, reveals that no appeal by a person³ against the order of District Commission can be entertained by the State Commission unless the appellant deposits 50% of the amount as awarded by the District Commission below.

In view of mandatory provision in the Consumer Protection Act, 2019 to deposit 50% amount as awarded by the District Commission to institute an appeal before State Commission, the appellant has failed to deposit 50% of the amount as required under Section 41 of the Consumer Protection Act 2019 despite giving many opportunities by this Commission. Consequently, present appeal is dismissed and cannot be entertained. Application for exemption to deposit the 50% of the awarded amount also stands dismissed in view of the aforesaid provision of Consumer Protection Act, 2019.

Certified copy of order be sent to parties and their counsel free of costs strictly as per rules. Certified⁴ copy of order be sent to learned District Commission for information and file of State Commission be consigned to record room after due completion forthwith. The appeal is disposed of. Pending application(s) if any also disposed of.