Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court
The Kerala High Court observed that though, under the Consumer Protection Act, there is no provision to stay the execution of an order passed by the District or State Commission, the Commissions possess inherent power to stay the same. Entertainment of an appeal and stay of proceeding pursuant to order impugned in the appeal stands at different footings, at two different stages.” The brief factual matrix was such that the District Commission had allowed the present respondent's complaint. After examining the same, the current Bench held: “The above precedents unquestionably settle the legal position that, notwithstanding the absence of a specific provision to stay the operation of an order passed by the District or State Commission, the Commissions have the inherent power to stay the operation of the impugned order, subject to the condition that the appeal is duly filed after depositing the statutory amount. Then, it will always be open to an appellant to move an application for the stay of the operation of the impugned order.” Given that the petitioner had not filed any stay application, the High Court invoked its discretionary powers to grant the petitioner “breathing time” to file the same.
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