As per office report, respondent has received the notice by hand on 24.5.2012. No one is appearing for the respondent In these circumstances, we have reasons to believe that the respondent is not interested in defending these proceedings. Learned counsel for petitioner submits that there were sufficient reasons shown for condonation of delay but the State Commission has not exercised its jurisdiction properly and refused to condone the delay. In view of the facts and circumstances mentioned in the application for condonation of delay and according to the petitioner that the delay was of about 28 days only, State Commission ought to have exercised its jurisdiction in favour of condoning the delay rather than delay has not been condoned and has not considered the appeal on merits. In the result, the petition is partly allowed and the impugned order passed by the State Commission is set aside subject to cost of Rs.5,000/- to be paid by the petitioner to the respondent. The appeal is restored on the board of the State Commission with a direction to the State Commission to decide the appeal on merits. Parties are directed to appear before the State Commission on 27.08.2012.