No. 5139 of 2026 · Allahabad High Court

Heard learned counsel for the petitioner, learned Standing Counsel for the respondent No.1 and perused the record.

In view of nature of order being passed, it is not necessary to issue notice to respondent no.2.

Learned counsel for the petitioner submits that the District Consumer Passed an award against which the petitioner has filed an appeal before the State Consumer Disputes Redressal Commission U.P. Lucknow, which is pending.

Submission is that while admitting the appeal on 16.10.2025, a direction has been issued to the petitioner to deposit sum after deducting the amount already deposited before the Consumer Forum, out of the entire decretal amount. It is contended that out of award of Rs. 12 lacs and odd, only a sum of Rs. 25,000/- has been deposited as statutory amount and the direction for making further deposits is contrary to the second proviso to Section 41 of Consumer Protection Act, 2019. Reliance has also been placed upon an order dated 18.3.2026 passed by coordinate Bench of this Court in Writ C No. 44470 of 2025.

Learned Standing Counsel submits that the matter is identical to the one covered by order passed by this Court in which also the respondent no.2 was claimant respondent.

I have considered the submissions made and perused the record.

Coordinate Bench, while disposing of the aforesaid Writ C has observed 2 A227 No. 5139 of 2026 as under:-

1. Heard Sri Narendra Mohan, learned counsel for the petitioner and learned Standing Counsel for the respondent no.2.

2. The present writ petition has been filed challenging the order of the State Consumer Disputes Redressal Commission, U.P. Lucknow, dated 14.10.2025, directing the petitioner to deposit the entire amount awarded by the District Consumer Disputes Redressal Commission, Ghazipur dated 22.7.2025 for staying the effect and operation of the order under challenge.

3. It is contended by learned counsel for the petitioner that the District Consumer Disputes Redressal Commission by its order dated 22.7.2025 has allowed the claim of respondent no.1 for a sum of Rs.12 Lakh along with interest at the rate of 7% from the date of application. The said order was challenged by the petitioner in appeal before the State Consumer Disputes Redressal Commission under Section 41 of the Consumer Protection Act, 2019. Learned counsel for the petitioner states that for admission of the appeal, there is a statutory requirement for deposit of 50% of the awarded amount. The petitioner was ready to deposit the 50% amount but the State Consumer Disputes Redressal Commission while admitting the appeal directed the petitioner to deposit the entire awarded amount. It is contended by learned counsel for the petitioner that even though the appeal has been admitted and notices have been issued to the respondent no.1, the 50% of the statutory amount is not being accepted by the State Consumer Disputes Redressal Commission in view of the order dated

14.10.2025. It is contended that as the order of the State Consumer Disputes Redressal Commission is contrary to the statutory provision, the order dated

14.10.2025 should be modified and a direction be issued for early disposal of the appeal filed by the petitioner.

4. Learned Standing Counsel has not disputed the statutory provision requiring the appellant to deposit 50% of the awarded amount for maintainability of the appeal before the State Consumer Disputes Redressal Commission.

5. In view of the aforesaid facts and circumstances, the present writ petition is disposed of with the modification of the order of the State Consumer Disputes Redressal Commission dated 14.10.2025 to the effect that instead of deposit of the entire awarded amount, the petitioner-appellant shall deposit 50% of the awarded amount, as directed by the District Consumer Disputes Redressal Commission by its order dated 22.7.2025, pursuant to which the appeal filed by the petitioner shall be heard and decided by the State Consumer Disputes Redressal Commission, expeditiously, preferable within a period of three months from the date of presentation of a certified copy of this order and pursuant to the deposit being made by the petitioner, as directed above. It is made clear that if the deposit as directed by this Court is not made by the petitioner before the next date fixed in appeal, the said appeal shall be dismissed without adverting on the merits of the case.

There appear to be no distinctive features of the two cases and, therefore, 3 A227 No. 5139 of 2026 this petition also deserves to be disposed of in terms of the same directions.

Petition is accordingly disposed of.

The order dated 16.10.2025 passed by the State Commission is modified to the extent that the petitioner appellant shall deposit 50% of the awarded amount within a period of 2 months from the date a certified copy of this order is produced before it.

In case of default, the order dated 16.10.2025 would stand revived consequence whereof would be dismissal of the appeal itself.

It shall be open for the State Commission to issue further orders regarding disbursement of the amount deposited, if at all occasion for the said purpose arises, and after providing opportunity of hearing to the private respondent in the appeal. April 20, 2026 Kumar Manish (Kshitij Shailendra,J.)