Challenge in these proceedings is to the order dated 24.2.2012 passed by the Delhi State Consumer Disputes Redressal Commission (for short he State Commission in FA No. 51 / 2010. By the said order, the State Commission dismissed the appeal of the petitioner primarily due to the default of the appellant or his counsel before the State Commission at the time of hearing of the appeal. 2. Notice was issued to the respondent who is present in person and explains his plight of sufferings due to the delay in the disposal of the matter and states that he has been in the Consumer Fora for five years and still has not got the fruits of the order passed by the District Forum. 3. Counsel for the petitioner submits that he could not appear before the State Commission at the time of hearing as he has to go to hospital and when he reached the State Commission late by the time the appeal had been dismissed, though he prayed for the restoration of the appeal but it was not heeded to in view of the decision of the Supreme Court in the case of ajeev Hitender Pathak & Ors. Vs. Achyut Kashinath Karekar & Anr.[2011 9 SCC 541], the state commission has no power to review / recall its own order and, therefore, the petitioner has approached this Commission. Since the appeal of the petitioner has not been considered and answered on merits, we deem it appropriate to set aside the impugned order of the dismissal of the appeal, restore the appeal before the Board of the State Commission to decide the appeal on merits and allow the revision petition. We order accordingly. This will be subject to payment of cost of Rs.5,000/- to the respondent. The respondent have already been paid Rs.5,000/- to meet his tavel and allied expenses in connection with the present proceedings. The revision petition stands disposed off accordingly. Parties are directed to appear before the State Commission on 08.10.2012 for further directions. Needless to mention that we have not bestowed any consideration to the merits of the appeal and the State Commission will be free to take a view which it deems fit in the peculiar facts and circumstances of the case.