JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL) 1. Learned counsel for the petitioner present. The appeal was dismissed in default by the U. P. State Consumer Disputes Redressal Commission. 2. Arguments from Shri B. K. Berera, Advocate, who has filed memo of appearance heard. The respondent is present in person. The impugned order dismissing the appeal in default reads as under: “Dated 17.01.2013 List has been called again. On the web site of the Commission the cause list being uploaded and on its internet and even after sufficient notice today at the time of hearing on behalf of the Appellant any one is not present. On behalf of defendant the learned Advocate Shri R. D. Kranti present. Therefore, from the above it appears clear that in the proceedings of this Appeal the Appellant has no interest. Accordingly in the absence of the appellant this appeal in the absence of Pairvi is dismissed. Sd/- Sd/- (Chandra Bhal Shrivastava) (Jugal Kishore) Presiding Member Member” 3. We have heard learned counsel for the petitioner and the respondent in person. 4. The procedure adopted by the State Commission is not recognized by law. There is no provision in the Consumer Protection Act, 1986 or Civil Procedure Code that service would be effected through internet. It appears that the Hon’ble Members of State Commission have not read the Consumer Protection Act, 1986. Regulation 10 of the Consumer Protection Regulations 2005 runs as follows: “10. Issue of notice.-(1) Whenever the Consumer Forum directs the issuance of a notice in respect of a complaint, appeal or revision petition, as the case may be, to the opposite party(ies)/respondent(s), ordinarily such notice shall be issued for a period of 30 days and depending upon the circumstances of each case even for less than 30 days. (2) When there is a question of raising presumption of service, 30 days notice shall be required. (3) Whenever notices are sought to be effected by a courier service, it shall be ascertained that the courier is of repute. (4) While appointing the courier for the purpose of effecting service, security deposit may also be taken. (5) Along with the notice, copies of the complaint, memorandum of grounds of appeal, petitions as the case may be and other documents filed shall be served upon the opposite party(ies)/respondent(s). (6) After the opposite party or respondent has put in appearance, no application or document shall be received by the Registrar unless it bears an endorsement that a copy thereof has been served upon the other side.” When the Consumer Protection Act, 1986 is silent about the further procedure, we always press in service Order 5 Rule 20 C.P.C. for substituted service. There is no provision for internet service. 4. In the interest of justice, the order dated 17.1.2013 passed by the State Commission is set aside without any condition and the appeal is restored before the State Commission. The State Commission is directed to hear both the parties and decide the appeal afresh on merits expeditiously. The parties are directed to appear before the State Commission for 19.12.2013 for further proceedings. The revision petition stands disposed of. | 
