For the Petitioner (s) : Mr. Sanhita Shaoo, Advocate For the Respondent(s) : Mr. Rajib Mullick, Advocate for R-1 Dated : 04.11.2024 ORDER (ORAL) Heard Learned Counsel for the Petitioner as well as learned Counsel for the Respondent No.1/Complainant. The matter essentially pertains to delay of 39 days in filing the Appeal before the State Commission wherein learned State Commission disallowed IA seeking condonation of delay of 39 days and consequently simply dismissed the Appeal. Learned Counsel for the Petitioner states that the delay occasioned due to reasons beyond the Petitioner/Appellant’s control and there has been a lapse on the part of the learned Counsel who filed the -3- Appeal before the State Commission. Unfortunately, the State Commission did not consider these issues and dismissed the IA seeking condonation of delay and consequently the Appeal also got dismissed. Learned Counsel for the Complainant/Respondent No.1 states that the reasons stated in the IA are inadequate and the order of the State Commission is as per law and after due consideration of the IA filed by the Appellant/Petitioner. We have heard Learned Counsel for the Petitioner and the Learned Counsel for the Respondent No.1/Complainant and perused the records. We consider it appropriate to remit the case back to the learned State Commission to consider it as per law. The order of the State Commission dated 02.09.2024 is set aside, subject to the Petitioner/Appellant paying costs of ₹10,000/- to the Complainant/Respondent No.1 and depositing costs of ₹5,000/- in the Consumer Legal Aid Account of the State Commission within a period of four weeks. Subject thereto, the order of the State Commission dated 02.09.2024 in Appeal No.364 of 2023 is set aside and the Appeal is restored to its original number. All the parties are directed to appear before the State Commission on 11.12.2024. On that date, Petitioner is directed to produce the proof of payment/deposit before the State Commission. -4- The learned State Commission is requested to consider the matter as per law preferably within a period of four months. With these directions, Revision Petition No.2659 of 2024 stands disposed of. All pending applications, if any, are also disposed of accordingly. | 
