ORDER
K.S. Gupta, J. (Presiding Member)
1. Petitioner was the opposite party in the complaint filed by respondent which was on contest was allowed by the District Forum by the order dated 20.8.2003 with direction to the petitioner to pay interest @ 10% per annum on the deposited amount after two years from the dates of deposit till date of offer of possession of plot i.e., 22.4.1997. Dissatisfied with District Forum’s order the petitioner filed appeal which was dismissed by the State Commission as being incompetent by the order under challenge on ground of non-deposit of requisite amount pursuant to second proviso of Section 15 of Consumer Protection Act, 1986 (for short the Act) (which is reproduced below) by the petitioner.
Section 15
…provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Forum, shall be entertained by the State Commission unless the appellant has deposited in the prescribed manner fifty per cent of that amount or twenty-five thousand rupees, whichever is less.
2. Contention advanced by Mr. Kashi Vishweshwar for petitioner is that on merits the order of District Forum is notlegally sustainable. In this revision, challenge is not to the order of District Forum but of State Commission. It is not in dispute that appeal was filed on 11.9.2003 and by the time the order under challenge came to be passed, the petitioner has not deposited 50% of the amount of the determinable sum in the shape of interest which presumably was less than Rs. 25,000 pursuant to the said proviso. That being so, the State Commission had rightly passed the impugned order. Accordingly, the revision petition is dismissed.