Chithra v. P.Saravanan
Case brief
What is this about?
The court allowed a petitioner seeking exemption from court fees for filing a consumer appeal due to lack of financial means and emergency expenses, directing the registry to admit the appeal.
What did the court decide?
Exemption from payment of court fee amounting to Rs.13,972.50/- is granted; appeal to be numbered and listed for admission.
What the court decided
CMP No.17969 of 2021 in CMA SR95452 of 2021
ABDUL QUDDHOSE, J.
This petition has been filed seeking for exemption from payment of Court fee amounting to Rs.13,972.50/- in preferring the Appeal CMA SR95452 of 2021.
- It is the case of the first Appellant that she does not have the means to pay court fee. According to her, she lost her husband at her very young age and living with her two children, mother-in-law and father-in-law. Even though the insurance company has deposited a sum of Rs.3,00,000/- towards part of the impugned award amount and the said award amount has already been utilised due to the emergency necessity of the Appellants' expenses.
- This Court is satisfied with the reasons stated in the affidavit filed in support of this petition. Accordingly, this petition is allowed as prayed for.
- Registry is directed to number the appeal, if it is otherwise in order and list the same for admission. However, it is made clear that in case of enhancement of award amount by this Court in favour of the claimant, the claimant will have to pay the requisite court fees before obtaining the Judgment copy from this Court.
29.10.2021
nl
ABDUL QUDDHOSE, J.
Issues for consideration
1 issue framed by the court
Whether to grant exemption from payment of court fee due to financial hardship.
Parties & counsel
- appellant
First Appellant
- respondent
Insurance Company
Coram
ABDUL QUDDHOSE
Case details
As recorded by the court registry
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