Raghavender (Software Consultant) 27 September 2017

Reg review before ncdrc in consumer case.

Opponents revision petition was upheld by National Consumer Commission setting aside State Commission's earlier dismissal order for default while restoring their appeal. District Forum's order was in my favour.

Can I go for review petition before National Commission ? I want to avoid paying Rs50k deposit required to appeal before Supreme Court.

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Siddharth Srivastava (Advocate) 27 September 2017

Since you are decree holder and as the appeal was restored so if you approach Supreme court then you shall not be required to deposit any such amount. This principle apply to judgement debtor.

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Raghavender (Software Consultant) 27 September 2017

Sir, I was not clear earlier. District Forum ruled in my favour. State Commission dismissed opponents appeal for default earlier. Now, National Commission's order in opponents RP restored opponents appeal before State Commission. Am I the decree holder in these circumstances and is the deposit required to be made under SC Rules XXIV 3 (III) exempt for a decree holder ? Shall be obliged with your comment. Thanks.

Siddharth Srivastava (Advocate) 27 September 2017

Appeal was filed against the order of district forum which was dismissed in default against which second appeal was filed in National commission which was allowed so if you want to challenge the same in Supreme Court by way of SLP or under consumer act you shall not be required to pay as stated by you. Consult your lawyer.