M.A. No. 574 of 2016 By this application, the applicant is seeking refund of Rs.35,000/- deposited by the appellants in terms of proviso of Section 19 of the Consumer Protection Act, 1986. The proviso reads as under:
19. Appeals. xxxxx Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the State Commission, shall be entertained by the National Commission unless the appellant has deposited in the prescribed manner fifty per cent. of the amount or rupees thirty-five thousand, whichever is less :-2- On reading of the above, it is clear that the proviso provides that no appeal in which the appellant is required to pay any amount in terms of the order of State Commission, shall be entertain unless the appellant deposits either 50% of the amount or Rs.35,000/-, whichever is less. From the language of the proviso, it appears that the amount is sought to be deposited only as a security to safeguard the interest of the decree holder. The appeal has been finally disposed of. -1- Authorised representative of applicant state that the order of the State Commission has been fully satisfied as the amount of Rs.35,000/- was in the nature of Security, we direct that the aforesaid amount be refunded to the applicant/Hospital. The application is disposed of accordingly. ......................J AJIT BHARIHOKE PRESIDING MEMBER ...................... DR. S.M. KANTIKAR MEMBER
