Learned counsel for the petitioner present. None is present for the respondent despite service and receipt of Rs.7,500/-.  He be proceeded against ex parte. 

Arguments on merits heard.

The State Commission dismissed the appeal vide order dated 8.10.2012.  The said order runs as follows:

“List has been reprised.  Despite the uploading of cause list on the website of this Hon’ble Forum and availability of the same on the internet and after proper information, today also during the proceeding none appeared on behalf of both the parties.

Hence from the above it is clear that the appellant has no interest in the proceedings of this appeal.  Accordingly, due to non appearance of the appellants this appeal is being dismissed in default for non-prosecution.”

There is no provision in the Consumer Protection Act, 1986 that service can be effected through website or internet.  The State Commission should have sent the proper notice as required under the Consumer Protection Act, 1986.  The case should not be dismissed in default like this.  The Commission must be satisfied that the service upon the parties stands established. 

We, therefore, set aside the order dated 8.10.2012 passed by the State Commission and direct the State Commission to hear and decide the case on merits.  The parties are directed to appear before the State Commission on 2.7.2013 without any condition.  Free copy be sent to the respondent as well and he be directed to appear before the State Commission on 2.7.2013.