Challenge in this revision petition purportedly invoking the supervisory jurisdiction of this Commission under section 21(b) of the -2- Consumer Protection Act, 1986, is to the order dated 14.1.2010 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, ‘the State Commission’) in F.A. No. 255 of 2009. By the impugned order, the State Commission has dismissed the appeal in default of the appearance of the counsel for the appellant-SpiceJet Limited despite opportunities granted to him to argue the said appeal. Notice on the appeal was issued to the respondent and in response to the same, Mr. Arunashis Chakraborty, Rituparna Pal and Mr. Sambhu Mahata, Advocates have appeared for the respondent-complainant. 2. We have heard Mr. Maibam N. Singh, learned counsel for the petitioner and Mr. Mr. Deb Kumar Mukherjee, learned counsel for the respondents and have given out thoughtful consideration to their respective submissions. 3. Having regard to the position as noted down by the State Commission, learned counsel appearing for the respondent-complainant fairly submits that he has no objection if the present -3- revision petition is allowed and the impugned order passed by the State Commission is set aside and the appeal is restored and remitted to the State Commission for deciding the same on merits, subject to some suitable cost for the inconvenience suffered by the respondent-complainant due to the above conduct of the petitioner in not pursuing the matter with diligence. Going by the above concession made by the learned counsel for the respondent-complainant, and otherwise also, we consider it expedient to set aside the impugned order and to restore and remit the appeal to the State Commission for deciding the same on merits within three months from the date of appearance of the parties before it. The parties are directed to appear before the State Commission on 8.11.2010 for receiving further directions in the matter. This will be subject to cost of Rs.10,000/- to be paid by the appellants to respondent No. 1 when he appears before the State Commission. The revision petition is allowed in above terms. -4- Mr. Maibam N. Singh, learned counsel for the petitioner submits that a sum of Rs.50,000/- has been deposited in this Commission under the directions of this Commission. Let the amount be remitted to the State Commission and will remain there and abide by the outcome of the appeal.