Challenge in these proceedings is to the order dated 02.5.2012 passed by the Delhi Consumer Disputes Redressal Commission, New Delhi in First Appeal No. 490 of 2011.  By the said order the State Commission has dismissed the appeal filed by the petitioner herein in the default of the appellant’s appearance at the time of hearing of the appeal.

2.      Learned counsel for the petitioner submits that after a little time of passing of the impugned order, he had appeared before the State Commission and wanted the State Commission to recall the order and restore the appeal,  but in view of the Judgement of the Hon’ble Supreme Court in the case of Rajiv Hitendra Pathak & Ors. Versus Achyut Kashinath Karekar & Anr. (2011) 9 SCC 541, the State Commission declined the prayer as it has no jurisdiction to review or recall its orders.

3.      In view of the above circumstances and that the appeal filed by the petitioner has not been answered on merits, we are of the opinion that it would be expedient in the interest of justice to set aside the impugned order and to restore the appeal on the board of the State Commission for its consideration on merits.

4.      The Revision Petition is accordingly allowed and the impugned order is set aside and the appeal is restored on the board of the State Commission.  Petitioner is directed to appear before the State Commission on 07.09.2012. 

Needless to mention that we have not considered the merits of the appeal and the State Commission will be free to take the view as deemed fit.