Heard learned Counsel for the Petitioner who states that their Appeal before learned State Commission was dismissed on account of delay of 179 days in filing the Appeal. The Application seeking Condonation of Delay was disallowed and sequel thereto the appeal was dismissed. Learned Counsel states that this is a case of absence of service of any notice of the proceedings before the learned District Forum and the OPs were proceeded ex-parte. Thus, the Petitioner was unaware of the District Forum Order in CC No.82/2023 dated 26.09.2023. Only during the course of execution proceedings, they discovered the case and appeal was filed forthwith. However, the appeal could only be filed with a delay of 174 days.  He states that they have good case on merit and seem the matter be remitted to State Commission for consideration.

          Heard learned Counsel and perused the records.  After due consideration of the submissions made and perusal of records, we consider it appropriate to remit the case back to the learned State Commission.  The Order of the learned State Commission dated 01.08.2024 in Appeal No.184/2024 is set aside and the appeal is restored to its Original Number, subject to the Petitioner/Appellant/Opposite Party paying Rs.50,000/- to the Complainant and depositing Rs.50,000/- in the legal aid account of the State Commission within a period of four weeks. 

All parties are directed to appear before the State Commission on 11.12.2024.  On that date, the Petitioner shall produce the proof of

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deposit and proof of payment.  The State Commission is requested to consider the matter as per Law, preferably within a period of four months.

 The Revision Petition is disposed of with the above directions. With these directions.

All pending IAs are also disposed of accordingly.