For the Appellant (s) : Ms. Sheena Taqui, Advocate (through VC) For the Respondent(s) : Mr. Sanjoy Kumar Ghosh, Advocate (through VC) Dated : 27.08.2024 ORDER (ORAL) Heard learned Counsel for the parties. IA 12422 of 2024 filed by the Appellant seeking permission to file amended Appeal is allowed and the amended memo of parties is taken on record. There has been a delay of 100 days in filing the present First Appeal and the Appellant has filed IA No.757 of 2024 seeking -3- condonation of delay. In addition to the grounds advanced, Learned Counsel for the Appellant also states that both the Complainants are senior citizens and are suffering certain medical issues; especially, Mr.Tapan Kumar Chatterjee, Complainant No.2 is suffering with cancer. Thus, there was entirely unintended and unavoidable delay. She regrets the same. She further states that the matter essentially is against the order dated 21.08.2023 of the learned State Commission dismissing the Complaint for non-prosecution. Learned Counsel for the Appellant further submits that on two occasions, the Appellants were unfortunately not represented and, therefore, the case was dismissed for non-prosecution. She also states that the Complainants in the matter have been put to severe losses as well as hardship for very long. She, therefore, seeks the matter to be heard by the State Commission on merits. Learned Counsel for the Respondent/Opposite Party vehemently objects to the contentions and states that the Complainant failed to appear before the learned State Commission on multiple times and that the State Commission appropriately dismissed the case for non-prosecution. He also objects to the reasons stated in the IA No.757 of 2024 seeking condonation of delay in filing the Appeal. -4- Considering the nature of the case and the submissions made by the learned Counsel for both the parties, including the objection raised by the learned Counsel for the Respondent No.1, with due regard to the facts and circumstances of the case including the stated medical conditions of the Complainants and in the interest of justice, the delay is condoned and the order of the State Commission dated 21.08.2023 dismissing the Complaint for non-prosecution is set aside, subject to the Appellant depositing costs of ₹25,000/ in the Consumer Legal Aid Account of the State Commission within a period of four weeks and the Complaint No.265 of 2014 is restored to its original number. All the parties are directed to appear before the State Commission on 23.10.2024. On that date, Appellant is directed to produce the proof of deposit before the State Commission. The learned State Commission is requested to consider the matter as per law, preferably within a period of six months. With these directions, First Appeal No.29 of 2024 stands disposed of. All pending applications, if any, are also disposed of accordingly. | 
