Counsel for the parties present. The appeal pending before the State Commission was dismissed in default vide impugned order dated 30.08.2012, which is reproduced as follows:- “Appellant is called out in the revised list, neither the appellants nor their counsel is available. Counsel for the respondent filed objection against delay condonation application and written reply. It is kept on record. None present for the appellant to press, condonation application, in consequence whereof, the application for condonation of delay is dismissed, and resultantly the appeal is also dismissed. File be consigned to Record Room.” Counsel for the petitioner submits that he went there at 12-30 P.M. but the case had already been dismissed in default. Record shows that his presence was not marked. The respondent is present with his counsel. He submits that the petitioner was trying to delay the case unnecessarily and their refund of the flat is not given to them. However, in the interest of justice, we restore the case before the State Commission subject to payment of Rs. 25,000/- as costs, which will be paid by the petitioner to the respondent directly through demand draft. Parties are directed to appear before the State Commission on 01.04.2013, who will satisfy that the above said costs stand paid and will decide the matter expeditiously. | 
