Learned counsel for the parties present.

          Learned counsel for the respondent-complainant submits that a sum of Rs.10,000/- has not been paid to her client.  Learned counsel for the respondent submits that he has sent the registered letter but it has been received unserved.  Learned counsel for the respondent states that he has filed the new address of the respondent.  Registered post letter and cheque has been given to her.

          Learned counsel for the petitioner submits that he has deposited a sum of Rs. 9 lakh with the District Forum as per order of the State Commission and therefore the order passed by this Court to deposit 50% of the decreetal amount should be reviewed because the entire amount stands deposited.   Consequently, the order is reviewed and the compliance of the order stands completed.

          Arguments heard on revision petition.  The State Commission passed the following order:-

“M. Thanikachalam J., President

DOCKET ORDER

Despite the fact, the case is posted for appearance of both the parties and for disposal.  As seen from the notes paper, both parties were always called absent.  Today also, there is no representation for both parties and both parties called absent.  Hence, the appeal is dismissed in default.”

          Learned counsel for the respondent submits that petitioner has not been appearing in the court regularly and is apparent from the above said order and therefore, his case should not be restored.

          On the other hand, learned counsel for the petitioner submits that this is first time they could not appear.

          Learned counsel for the respondent points out that it is specifically written in the order that both the parties remained always absent before the State Commission.

          In that event, both the parties are to be condemned for not appearing before the State Commission.  However, keeping in view the facts, we restore the case before the State Commission subject to payment of Rs.5000/-  as cost which be deposited in the Consumer Legal Aid Account of this Commission.  The parties are directed to appear before the State Commission on 18.9.2012.  The State Commission will hear both the parties on merit after satisfying that the cost stands paid.  It is also strange that when the parties are not appearing before the State Commission, why it should wait for them and adjourn the case unnecessarily and should pass the order immediately.

          The revision petition stands disposed of.