1.       This revision petition has been filed under Section 58(1)(b) of The Consumer Protection Act, 2019 in challenge to the Order dated 21.06.2022 of the State Commission in First Appeal No. 463 of 2014  arising out of the Order dated 18.02.2014 of the District Commission in Consumer Complaint No. 405 of 2011.

2.       To facilitate appreciation, the impugned Order dated 21.06.2022 passed by the State Commission may be quoted herein below:

DATE:

21.06.2022      None for the appellant.

Ms. Sangeeta Moharir, learned counsel for respondents.

We find that on 27.6.2018, 24.3.2021 and 20.5.2022 also none appeared for appellant. Service Post Card was also issued to appellant for today but none appeared for her.

Appeal is dismissed for want of prosecution.

3.       As is apparent from the record that the appeal was dismissed by the State Commission vide its impugned Order dated 21.06.2022 because of non-appearance of the petitioner / complainant or her legal representative. Learned counsel for the petitioner has tried to explain the circumstances relating to non-appearance on behalf of the petitioner on the date fixed before the State Commission. Submission is that an opportunity may be granted to the petitioner to contest her case on merits and not to leave the petitioner / complainant as remediless.

4.       Learned counsel for the respondents has been gracious enough to adopt a fair approach and submits, on instructions, that she has no serious objection if the revision is allowed and the matter is remanded back to the State Commission to decide the same on merits. 

5.       Without making any observations on the merits of the case, lest, the same may cause any prejudice to either side and colour the vision of the fora below, in the light of the submissions made by the learned counsel for the petitioner as well as no objection given by the learned counsel for the respondents / opposite parties and also in view of the totality of the facts and circumstances of the case, this Bench feels it expedient to give a further opportunity to the petitioner / complainant to appear and to contest her case before the State Commission.

6.       The impugned Order dated 21.06.2022 is hence set aside and the present revision petition is allowed and the matter is remitted back to the State Commission with the request to restore back the appeal on its file and to proceed further in accordance with law after affording opportunity of hearing to both sides and to decide the same on merits.

The parties are directed to appear before the State Commission on 04.10.2023.

It may be observed that in case on the date fixed for hearing or any future date, the petitioner / complainant fails to appear before the State Commission personally or through her counsel or authorized representative, the State Commission shall be free to proceed with the matter as it may deem fit in accordance with law in its own discretion. 

7.       The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel as well as to the fora below within three days. The stenographer is requested to upload this Order on the website of this Commission within three days.