JUSTICE J. M. MALIK, PRESIDING MEMBER

Learned counsel for the petitioner present.   None is present for respondents No. 1 and 2.  Respondent No. 3 was served on 12.4.2013.  None is present for respondent No. 3.  They be proceeded against ex parte. 

The case of the petitioner was that the appeal was dismissed in default by the Delhi State Commission.  This order dated 17.7.2014 is reproduced as follows:

                   “Present : None

Appeal called out.  None appeared for either parties despite repeated calls.  The Delay condonation application filed by the appellant is dismissed.  In consequence thereof appeal is also dismissed.

FDR, if any, deposited by the appellant, be released in his favour after completing due formalities and record be consigned to the record room after needful is done.”

          Learned counsel for the petitioner submits that she could not appear before the State Commission because two cases were pending before the District Court, Saket and then there was traffic jam.  Even if she is telling the truth, she should have made an another arrangement for pursuing her case before the State Commission.  However, in the interest of justice, we restore the appeal before the State Commission, subject to payment of Rs.5,000/- as costs which be deposited with the Consumer Welfare Fund established by the Central Government under Section 12(3) read with Rule 10(a) of the Consumer Protection Act, 1986, of the Central Excise Act, 1944 by way of demand draft in favour of PAO, Ministry of Consumer Affairs, payable at New Delhi, till the next date of hearing.  The parties are directed to appear before the State Commission on 18.7.2013.  On showing the proof that the costs has been deposited, the State Commission shall hear the parties and decide the case on merits.