Complaint filed by the complainant/respondent was allowed by the District Forum, aggrieved against which the petitioner filed the appeal before the State Commission with a delay of 52 days. State Commission came to the conclusion that the petitioner had failed to show sufficient cause and dismissed the application for condonation -2- of delay, as a consequence thereof the appeal was dismissed as barred by time. Limited notice was issued to the respondent to show cause as to why the impugned order be not set aside, delay condoned and the case remitted back to the State Commission for a fresh decision. Notice is made absolute. Appeal in filing the appeal is condoned and the case is remitted back to the State Commission for a fresh decision in accordance with law. Delay is condoned subject to payment of Rs.5,000/- to the respondent. Parties through their counsel are directed to appear before the State Commission on 02.05.2012. Counsel for the respondent submits that in terms of the direction issued on 02.12.2011 the litigation expenses of Rs.6,000/- have not been paid to the respondent whereas the counsel for the petitioner states that the litigation expenses have been paid to the respondent. -3- Petitioner is directed to pay the costs of Rs.5,000/- and the litigation expenses of Rs.6,000/-, if not already paid, to the respondent on the date of appearance before the State Commission. |