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Supreme Court of India 2021-12-07 partly_allowed

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

A builder appealed orders by the National Consumer Disputes Redressal Commission requiring deposit of the entire decretal amount as a condition for staying State Commission orders directing refund to home buyers. The Supreme Court held that while the mandatory 50 percent pre-deposit under Section 51 of the Consumer Protection Act, 2019 is a condition to entertain appeals, the power to grant conditional stay of orders is distinct and separate. The National Commission can order deposit of the entire amount for stay purposes, but must pass reasoned orders after hearing both parties, not mechanically. The matters were remanded for fresh consideration with reasoned orders within eight weeks.

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Consumer Protection Appellate Procedure Interim Orders Stay Applications Pre-deposit Conditions Civil Procedure

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