2015 (7) TMI 814

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....mplaints u/s 17(1) of the Consumer Protection Act, 1986 (hereinafter referred to as the, 'Act') were filed by different persons before the Consumer Disputes Redressal Commission, Gujarat State, Ahmedabad (hereinafter referred to as the, 'State Commission') against the appellants - opposite parties. 4. The State Commission by order dated 30th January, 2012 allowed the applications in part and directed the appellantsopposite parties to pay certain amount with interest in favour of the complainants. 5. Against the aforesaid orders, the appellants preferred separate appeals u/s 19 of the Act before the National Commission being First Appeal Nos.91-104 of 2012. In all these appeals separate interlocutory applications for stay were filed by the....

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....ion 19 of the Act. 8. After giving our careful consideration to the facts and circumstances of the case and submissions made by learned counsel for the parties, we find ourselves entirely in agreement with the submission made on behalf of the respondents. 9. Section 19 of the Consumer Protection Act, 1986 deals with appeals against the order made by the State Commission in exercise of its power conferred by sub-clause (i) of clause (a) of Section 17 and the said section reads as follows:- "19.Appeals.-Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by subclause (i) of clause (a) of Section 17 may prefer an appeal against such order to the National Commission within a period of thirty days....

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....n in the appellate authority to entertain the appeal if it is filed within sixty days and the amount of tax assessed along with penalty and interest, if any, recoverable from the persons has been paid. The aforesaid restriction is subject to the proviso conferring discretion upon the appellate authority to dispense with the deposit of the amount only on proof of the fact that the appellant was unable to pay the amount. Before deciding the appeal, the appellate authority affords an opportunity to the party concerned to either pay the amount or make out a case for the stay in terms of proviso to sub-section (5) of Section 39 of the Act. Once the conditions specified under sub-section (5) of Section 39 are complied with, the appeal is born for....