IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 19906 of 2009(G) -------------------------- PETITIONER: --------------- DHANALAKSHMI FINANCIERS,MUTTIL P.O., VYTHIRY TALUK,WAYANAD,REP.BY ITS PROPRIETOR- MR.KRISHNAKUMAR,AGED 39 YEARS,S/O.NARAYANAN NAIR, RESIDING AT KRISHNALAYAM,PUZHAVADY P.O., KALPETTA,VYTHIRY TALUK,WAYANAD. BY ADV. SRI.A.T.ANILKUMAR SRI.P.DALBI EMMANUEL RESPONDENTS: --------------- 1. THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,SISUVIHAR LANE, VAZHUTHACAUD,THIRUVANANTHAPURAM, REP.BY ITS SECRETARY. 2. YOOSEF,S/O.MOHAMMED, RESIDING AT KIZHAKKAYIL HOUSE, KUTTAMANGALAM,MUTTIL P.O., VYTHIRY TALUK,WAYANAD. GOVERNMENT PLEADER SHRI.P.NARAYANAN ADV. SRI.PULIKKOOL ABUBACKER FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.19906 of 2009 ------------------------------------------------ Dated this the 1st day of March, 2010 JUDGMENT Exhibit P5 is under challenge in this writ petition. The same is an order passed in I.A.No.15 of 2009 in Appeal No.4 of 2009 by the Kerala State Consumer Disputes Redressal Commission. Therein the Commission passed an interim stay of enforcement of the order passed by the District Forum, Wayanad in C.C.No.05/07 on condition that the appellant deposit Rs.20,000/- before the District Forum within one month. 2. It is pointed out by the learned counsel for the petitioner that the District Forum as per Ext.P2 had directed the opposite party to pay Rs.24,070/- to the complainant within 30 days of the order with 10% interest on the amount from the date of the above order till payment. Thereafter an appeal was filed against this order by the petitioner along with a deposit of Rs.12,550/-. Ext.P4 is the copy of the Demand Draft evidencing the same. 3. It is in these circumstances, the direction to deposit Rs.20,000/- further as a condition for staying proceeding before the District Forum is challenged herein. W.P.(C)No.19906 of 2009 2 4. In tune with Section 15 of the Act the appellant has to deposit 50% of the amount at the time of filing appeal for enabling the State Commission to entertain the appeal. Going by Ext.P4 he has deposited Rs.12,550/- already. Total amount covered by Ext.P1 is Rs.24,070/-. Therefore the contention of the petitioner appears to be correct. 5. Therefore Ext.P5 is set aside. The Kerala State Consumer Disputes Redressal Commission will pass a fresh order on I.A.No.15/2009 after reckoning the amount already deposited as per Ext.P4. Till fresh orders are passed the proceedings before the District Forum in C.C.No.5/07 will be kept in abeyance. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj