PER JUSTICE J.M. MALIK 1. Counsel for the petitioner present. Counsel for the Respondent No.1 is present. Respondents –2 & 3 not served. It is reported that R-2 has left the given address. Notice from the Respondent-3 has come back with the postal remarks that the address is incomplete. Counsel for the petitioner submits that Respondents No. 2 & 3 are the proforma parties and the petitioner has not claimed any relief against them. 2. We have also perused the impugned order. Respondents No. 2 & 3 did not appear before the State Commission. The order of the State Commission runs as follows:- “None is present for the respondents No. 2 & 3. Nobody appears for the revision petitioner. Matter was taken up earlier also. That time, nobody appeared for him. It has been taken up again after the day’s cause list exhausted.; This time also, nobody is present for the revision petitioner. Hence, the petition is dismissed in default of appearance of the revision petitioner.” 3. We have heard the arguments. Counsel for the petitioner explains that the counsel for the petitioner could not appear before the State Commission as the counsel Ms. Vidushi Sharma was busy before the High Court. She asked her colleague Ms.
Anita to appear before the State Commission but she did not appear and the case was dismissed in default. This shows the negligence, inaction and passivity on the part of Advocate Ms. Vidushi Sharma. It is also stated that thereafter, now they have changed the advocate. 4. In the interest of justice, we allow the Revision Petition and set aside the order passed by the State Commission subject to payment of Rs. 5,000/- as costs, which will be deposited with the Consumer Welfare Fund established by the Central Government under Section 12 (3) read with Rule 10(a) of the Consumer Protection Act, 1986, of the Central Excise Act, 1944, by way of demand draft in favour of Pay and Accounts Officer, Ministry of Consumer Affairs, payable at New Delhi. To make the thing easier, the petitioner can deposit the demand draft with the Registrar of this Commission, who will further transmit the demand draft to the concerned Ministry. 5. Parties are directed to appear before the State Commission on 28.01.2014. The State Commission will see that the above said costs stand paid and try to expedite the case expeditiously. 6. The Revision Petition stands disposed of. | 
