1.       This revision petition has been filed, with a reported delay of 224 days, in challenge to the Order dated 29.03.2022 in Appeal No. 37 of 2017 of the State Commission Tamil Nadu arising out of Order dated 28.08.2015 of the District Commission in Complaint no. 109 of 2010.

2.       Learned counsel for the petitioner is present.  However, no one appears on behalf of the respondent despite service. However, as the matter does not involve any complicated questions of facts or law, the appeal having been dismissed  by the State Commission in non-prosecution in the absence of petitioner / appellant, the Bench deems it appropriate to dispose of the matter on the basis of record available. 

3.       Heard the learned counsel for the petitioner and perused the record including inter alia the Order dated 28.08.2015 of the District Commission, Order dated 29.03.2022 of the State Commission, application seeking condonation of delay and the memo. of revision.  

4.       For better appreciation the impugned Order is quoted hereinbelow:-

“           This appeal is coming today for appearance of appellant in person and for arguments in list or for dismissal, we made the following order in open court:-

Docket order

No representation for appellant in person.  Respondent present.  This appeal is posted today for appearance of appellant in person and for arguments list or for dismissal.  When the matter was called at 11.00 A.M., the appellant was not present, hence passed over and called again at 12.30 noon, then also the appellant is not interested in prosecuting the case.  The appeal is dismissed for default. No order as to cost. ”

5.       Learned counsel for the petitioner has elaborated upon the reasons and circumstances for filing this petition with delay. He has also tried to elaborate upon the merits of the case as well as upon the circumstances which prevented the petitioner / appellant from appearing in the State Commission.  It has been contended that if opportunity be provided to pursue the appeal on merits and of being heard there are fair prospects of this appeal being allowed by the State Commission or else the petitioner / appellant shall be left remediless and its cause shall suffer irreparably. 

6.       In the wake of the submissions made and the explanation given for delay and also in order to facilitate arriving at a just conclusion on merits the delay in filing this petition stands condoned.   

7.       This Commission at this stage does not propose to delve into or touch upon the merits of the case but considering the nature of the dispute and the overall facts and circumstances of the matter in their totality and keeping in perspective the explanation proffered for non-appearance, it is felt just and conscionable that reasonable opportunity be further provided to the petitioner / appellant for adjudication of its appeal on merit in the State Commission, lest it be left remediless.

8.       As such, in the interest of justice, without making any observations on merits of the case  the Order dated 29.03.2022 of the State Commission is set aside  and the appeal is restored to its original number before the State Commission subject to cost of Rs. 25,000/- to be paid to the respondent / complainant directly or through the State Commission on or before the date fixed, without fail. 

The petitioner / appellant is sternly advised to conduct its case in the right earnest with due diligence.

9.     The parties shall appear before the State Commission on 24.05.2024. The State Commission is requested to adjudicate the appeal on merit after providing adequate opportunity to both the parties to pursue the matter as per law.

10.     The principal onus of informing the respondent of this instant Order shall be of the petitioner. It shall do so within two weeks from today, without fail, and file proof thereof before the State Commission on or before the next date of hearing before it.  

However, if for whatever reason, the respondent does not appear before the State Commission on the date of hearing, the State Commission shall issue notice for requiring his presence in order to proceed in accordance with law in the matter, as directed by this Commission. The State Commission in such a situation may also require the petitioner to take adequate steps in order to facilitate service on the respondent.

11.     The Registry is requested to send a copy each of this Order to all parties in this petition and to the learned counsel for the petitioner as well to the State Commission within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.