O r d e r

1. Present appeal has been filed on behalf of appellant/complainant for setting aside the order dated 21.11.2023 passed by District Consumer Forum, Patna in Complaint Case no. 352 of 2023 whereby and whereunder the complaint case filed by complainant has been dismissed for non-prosecution. The Ld. District Consumer Forum has dismissed the complaint case as complainant or her lawyer failed to appear before the Ld. Commission on successive occasions.
2. There is no error or infirmity in the order under appeal as Commission had no any other option but to dismiss the complaint as complainant remained absent on several previous dates when the complaint case was taken up.
3. There is no provision for restoration of a complaint case which has been dismissed for default. However, it shall be open for the complainant to file a fresh complaint case for same cause of action as there is no bar in filing second complaint case for same cause of action, if first complaint case has not been decided on merit.
4. The appeal is devoid of any merit and is accordingly, dismissed.

(Md. Shamim Akhtar)                                                                                                         (Sanjay Kumar,J)

        Member                                                                                                                            President

Md. Fariduzzama