1. The present Appeal is filed by the Complainant against the Order passed by the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (hereinafter referred to as the “State Commission”) in Complaint No.91/2012 dated 22.04.2022 whereby the Complaint filed by the Complainant was dismissed in default. 2. Heard the Learned Counsel for the Parties and carefully perused the record. Learned Counsel for the Appellant submitted that the Counsel who was presenting the Appellant/Complainant before the State Commission failed to appear on 22.04.2002 and the Complaint was dismissed for default. There was no wilful or deliberate default on the part of the Appellant/Complainant. He further submitted that pleadings in the case were complete and the case was listed for final arguments before the State Commission. The Appellant should be given a chance to put forth their case on merits before the State Commission. -3- Learned Counsel prayed that the Appeal be allowed, impugned order set aside and Complaint restored to its original number. 3. Learned Counsel for the Respondents/Opposite Parties submitted that the Complainant is a wilful defaulter and since 10.01.2019, appeared only once before the State Commission. The Appellant had not given any reason for non-appearance before the State Commission. The Appeal is misconceived and deserves to be dismissed. 4. The State Commission dismissed the Complaint for non-appearance of the Complainant. The impugned order reads thus: - “No appearance for the Complainant. Opposite Parties 1 to 3 present. Today, the matter is posted for appearance of the complainant and for arguments (in list) or for dismissal. When the matter was called at10.30 A.M. there was no representation for complainant. Hence, the matter was passed over and against called at 12.30 P.M. still there was no representation of the complainant. Hence, we are of the view that keeping the consumer complaint pending is of no use as the complainant is not interested in prosecuting the case. Hence, the consumer complaint is dismissed for default. No cost.” From the impugned order, it is clear that despite pass over given by the State Commission, none appeared on behalf of the Complainant. The Complaint was, therefore, dismissed for default. It is, however, to be seen that the pleadings in the case were complete and the Complaint was ripe for final arguments before the State Commission. In the interest of justice, we feel it -4- appropriate that the Complainant should be given a chance to contest their case on merits before the State Commission. 5. In view of the above, Appeal is allowed, the impugned order is set aside and the Consumer Complaint is restored it its original number at the Board of the State Commission, subject to cost of Rs.15,000/- to be deposited by the Complainant with Consumer Legal Aid Account of the State Commission. 6. Parties to appear before the State Commission on 06.07.2023. | 
