1.       This appeal has been filed under Section 19 of The Consumer Protection Act, 1986 in challenge to the Order dated 26.03.2019 of the State Commission in complaint no. 32 of 2017.

Heard the learned counsel for the appellant. Also perused the material on record, including inter alia the impugned Order dated 26.03.2019 of the State Commission and the memorandum of appeal.

No one appears for the respondents.

2.       Vide its Order of 26.03.2019 the State Commission has dismissed the complaint for default in the absence of the complainant i.e. the appellant herein.

The said Order of the State Commission is reproduced below for reference:

          26 Mar 2019

Order No. 12

Complainant is found absent when the record called on for hearing. O.P. Nos. 1 & 2 are present through the Ld. Advocate. On the last occasion too, complainant did not take any steps. The acts and conducts of the complainant indicate that she is no more interested to proceed with the case.

As a result, the complaint is liable to be dismissed.

Consequently, the complaint is dismissed for default.

3.       Learned counsel for the appellant - complainant submits that she will be dutifully pursuing her complaint before the State Commission. She has a good case on merit and wants opportunity to present her case before the State Commission. Submission is that the complainant will be irreparably prejudiced if the complaint is not restored and may eventually lead to complete miscarriage of justice leaving the complainant remediless. 

4.       Considering the nature of the dispute and the overall facts and circumstances as are being borne out before us, we find it to be just and conscionable that opportunity be provided to the appellant - complainant for getting the matter adjudicated on merit before the State Commission.

This Commission is consciously refraining from detailing the facts or critiquing the matter since the dispute has as yet to be adjudicated on merit and it does not wish to in any manner color the vision of the forum below.

5.       The Order dated 26.03.2019 of the State Commission is set aside and the complaint is restored to its original number before the State Commission.

The appellant - complainant is sternly advised to conduct her case properly before the State Commission.

The appellant - complainant and the respondents – opposite parties are directed to appear before the State Commission on 23.01.2023.

The State Commission is requested to adjudicate the complaint, as per the procedure, on merit, in accordance with the law.

6.       The respondents – opposite parties have not appeared today before this Commission.

As such, if, for whatever reason, the respondents – opposite parties are not represented before it on 23.01.2023 the State Commission shall issue notice for their presence and ensure that the same is duly served. If the opposite parties do not present themselves before the State Commission despite service, the State Commission shall so proceed further with the adjudication of the complaint as per the law.

If the opposite parties have any objection to the complaint being restored, the rival parties, i.e. the complainant and the opposite parties, both, shall appear before this Commission on 24.02.2023 for this Commission to consider the objection and to pass appropriate order. In such contingency the opposite parties shall file their objection through application with the Registry of this Commission at least 03 clear working days before 24.02.2023 and the Registry shall place it on the instant case-file as a miscellaneous application and list it for 24.02.2023. The opposite parties shall also submit to the State Commission their intention to raise objection before this Commission, and the State Commission shall keep the proceedings before it in abeyance and await the order of this Commission.

7.       The Registry is requested to send a copy each of this Order to both sides and to their learned counsel within three days. It is further requested to most immediately send a copy of this Order to the State Commission by the fastest mode available. The stenographer is requested to upload this Order on the website of this Commission immediately.