The oder dated 06.8.2012 passed by the Delhi Consumer Disputes Redresssal Commission in First Appeal No. 494 of 2011 is sought to be set aside and the appeal restored.  It is stated that on the day, the appeal was listed for hearing i.e. on 06.8.2012, the car of the counsel of the appellant broke down and therefore she could not reach the State Commission in time and by the time she reached, the appeal was dismissed.

2.      In the above stated reasons and that the appeal has not been considered on merits and going by the decision of Hon’ble Supreme Court in the case of Rajeev Hintendra Pathak & Ors. Versus Achyut Kashinath Karekar & Anr. (2011) 9 SCC 541 that the State Commission have no power to recall its order and to restore the appeal, we set aside the dismissal of the appeal and restore it on the board of the State Commission to be decided on merits.

3.      The petitioner is directed to appear before the State Commission on 18.10.2012.  We make it clear that we have not bestowed any consideration on the merits of the appeal and the State Commission would be free to take a view as it may deem fit.