Ld. Counsel for the Petitioner brings to our notice the Order in FA/196/2023 before the SCDRC, Tamil Nadu wherein their First Appeal was dismissed for default.

Ld. Counsel for the Petitioner further states that the First Appeal was periodically listed and adjourned by the Registrar of the SCDRC, Tamil Nadu from 17.04.2023 to 08.03.2024. Subsequent to that upon the request of the Respondent/Complainant stating that she is a senior citizen, the Appeal was posted for arguments, on 12.06.2024.

The grounds stated in the Petition for non-appearance before the SCDRC, Tamil Nadu are reproduced as below:-

“Since, the Counsel for the Petitioner/Appellant was held up in the High Court, Madras, there was no representation on 12.06.2024. Normally, the Commission will grant an adjournment atleast for one month. Hence, the Counsel for the Petitioners/Appellants were in the impression that the appeal would have adjourned in July 2024. But, it is great shock and surprise to the Counsel that when he approached the copy section for obtaining order copies in the disposed matter, he was informed that the appeal order has also been made ready on 11.07.2024 and on a perusal of the order, the above appeal was adjourned to 27.06.2024 and because of non-appearance, the appeal has been dismissed for default.”

          While, the Ld. Counsel for the Petitioner before the SCDRC should have been more careful and watchful in the interest of their clients, in the interest of Justice, the Petition is allowed and the Appeal No.196 of 2023 is restored and remanded back to the Ld. State Commission to be decided on merits after hearing both the parties.

Parties shall appear before the Ld. State Commission on 29.11.2024.

          However, due to lackadaisical approach of the Ld. Counsel for the Petitioner before the SCDRC, Tamil Nadu, we deem it fit to impose a cost of Rs.25,000/-.