Notice on admission.  Shri W.D. Mahore, Advocate accepts Notice on behalf of the respondent caveator and waives service.

        With the consent of the parties, the revision petition is disposed of at this stage.

        The State Commission has dismissed the appeal as barred by limitation.  Delay was of 22 days.  District Forum allowed the complaint filed by the respondent on 5.5.2009.  A free copy, as per procedure set out under the Consumer Protection Act, was sent by the District Forum, which, according to the petitioner, was not received by it.  Petitioner, thereafter, applied for a certified copy which was supplied to him on 11.8.2009 and the appeal was filed on 26.8.2009. 

According to the petitioner, the limitation would start running from 11.8.2009 and the appeal was filed within limitation as the certified copy was received on 11.8.2009.  Respondent, on being served, filed its reply taking the stand that he had sent a certified copy of the order to the petitioner which was received by it on 22.5.2009.  State Commission, taking the starting point of limitation to be 22.5.2009, dismissed the appeal as barred by limitation. 

Petitioner was not obliged to act upon the copy of the judgement supplied by the respondent.  Petitioner applied for a certified copy, which was supplied to it on 11.8.2009.  Even if we take that the certified free copy sent by the District Forum was received by the petitioner on 4.7.2009.  After excluding the statutory period of 30 days given for filing the appeal, the limitation would expire on 3.8.2009.  Calculating the delay from 4.8.2009, the delay was of 22 days only, as the appeal was filed on 26.8.2009.  Since there was a bona fide dispute regarding starting point of limitation, in our view condonation of delay was made out and the State Commission has erred in dismissing the appeal as barred by limitation.

        For the reasons stated above, revision petition is accepted.  Order passed by the State Commission is set aside and the case is remitted back to the State Commission for a fresh decision in accordance with law. 

        Parties through their counsel are directed to appear before the State Commission on 26.4.2012.

        Petitioner is directed to pay a sum of Rs.10,000/- to the respondent towards litigation expenses on the date of first appearance before the State Commission.

        Operation of the order of the District Forum shall remain stayed till the date of first appearance before the State Commission.