PER JUSTICE R.C. JAIN (ORAL)

1.       The order dated 02.11.2011 passed by the Tamilnadu State Consumer Disputes Redressal Commission, Chennai (for short the State Commission) in First Appeal No. 863/2010 is in question in these proceedings.  By the impugned order the appeal filed by the petitioner herein against the order of the District Forum has been dismissed in default due to non-appearance of the appellant/petitioner or his counsel at the time of hearing of the appeal assuming that the appellant/petitioner was not interested in prosecuting his appeal.

2.     Counsel for the petitioner submits that the non-appearance of the advocate of the appellant/petitioner before the State Commission was not intentional but it was due to the reason that the counsel was held up in the High Court and could not reach the State Commission in time. 

3.     For the above stated reasons and considering the fact that the appeal had been pending with the State Commission for about a year before it was dismissed in default and has not been answered by the State Commission on merits, we deem it appropriate to dispose of the petition and set aside the impugned order and to restore the appeal on the board of the State Commission.  We order accordingly but that will be subject to the cost of Rs.5000/- to be deposited in the legal aid account of this Commission within a period of two weeks.  The petitioner is directed to appear before the State Commission on 31.10.2012 and the State Commission shall decide the appeal in accordance with law.  Needless to mention that we have not bestowed any consideration on the merits of the appeal filed by the petitioner.