Delay is condoned.

2.      The order dated 27.3.2012 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (for short the ‘State Commission’) in First Appeal No. A/09/831 is challenged in these proceedings.  By the impugned order, the State Commission dismissed the appeal due to default in appearance of the appellant and the respondent.  It is stated that absence of the appellant or his counsel was not deliberate and the counsel was busy in the High Court at the relevant time but appeared later on and made a prayer for recall of the dismissal order. 

3.      Having considered the submissions, we allow the petition and restore the appeal No. A/09/831 on the board of the State Commission for deciding the same on merits, which will be subject to cost of Rs. 2,500/- to be deposited in the Consumer Legal-Aid-Account of this Commission within a period of two weeks.

4.      Parties are directed to appear before the State Commission on 05.10.2012.   We make it clear that we have not considered the merits of this petition.