This First Appeal, by the Complainant, is directed against order dated 11.07.2013 passed by the Tamilnadu State Consumer Disputes Redressal Commission (for short “the State Commission”) in Original Complaint (CCSR NO.199/2012).  By the impugned order, the Complaint filed by the Appellant has been dismissed in default as it was unrepresented on that date.

               The penultimate paragraph of the impugned order reads as follows:

“The petitioner has not appeared for the past several hearing dates despite granting several adjournments and posting the petition for appearance of the petitioner.

Today the petition is posted for argument and disposal and even today the petitioner is not present and there is no representation for him.  This goes to show that the petitioner is not interest in persecuting the case any further.  Therefore, the petition is dismissed for default.”

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               We have heard learned Counsel for the Parties.

               Learned Counsel appearing for Respondents no.1 to 3 has placed before us a certified copy of the proceedings sheet as maintained by the State Commission.  From the said proceedings, it is clear that when the Complaint was listed on 04.07.2013, neither counter affidavit had been filed on behalf of Respondent no.4 nor was it represented.  Accordingly, the Bench directed the said Opposite Party to file counter affidavit and listed the case for disposal on 11.07.2013, when, as noted above, the Complaint came to be dismissed in default.  It is admitted case of the Parties that when the case was directed to be listed for final disposal on 11.07.2013, even affidavits by way of evidence had not been filed by any of the Parties.  It is also not clear whether by that date Respondent No.4 had filed its written version.

               Under the circumstances, we are of the opinion that such an order does not stand judicial scrutiny and deserves to be set aside.  We are, therefore, inclined to give an opportunity to all the parties to file their respective affidavits and contest the case on merits.

               Consequently, the impugned order is set aside and the Complaint is restored to the Board of the State Commission for further proceedings and disposal on merits.

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               Parties/their Counsel are directed to appear before the State Commission on 15.12.2014.

               The Appeal stands disposed of in the above terms with no order as to costs.  The statutory deposit made by the Appellant shall be transferred to the Consumer Welfare Fund.