ORDER

Per : Md. Shamim Akhtar, Judicial Member

Dated- 09.05.2024

1. This appeal has been filed for setting  aside  the order  dated 30.11.2017 passed by the Learned District  Consumer Commission,  Rohtas, Sasaram  whereby and where under the complaint case no.- 42 of 2014 has been dismissed for  default. The complainant is the Appellant.
2. The Appellant and the Respondent no-1 have filed their respective notes for argument. The appeal proceeds ex-parte against the Respondent no-2 vide order dated 29.07.2022.
3. Neither party appeared.
4. Also perused the records including the written notes of argument filed by the Appellant and the Respondent no-1.
5. There is no provision under the Consumer Protection Act or Rules for restoration of a complaint case which is dismissed for default. As such the present appeal so filed against the order dated 30.11.2017 passed by the Learned  District Consumer Forum, Rohtas,  Sasaram in complaint case no.- 42  of 2014 which was dismissed for default  is not maintainable. However dismissal of the complaint case will not preclude the Appellant/complainant from filing a second complaint case for the same cause of action subject to  the law of limitation.
6.  Accordingly the present appeal is dismissed as not maintainable. The concerned District Consumer Forum shall sympathetically consider the application for condonation of delay in filing the subsequent complaint case if so desired by the Appellant complainant.
7.    A copy of this order be supplied to both the parties free of cost as mandated by the Consumer Protection Act, 2019. The order be uploaded forthwith on the confonet of the State Commission.

Let the file be consigned in the record room along with copy of this order.

(Md. Shamim Akhtar)                                                                                     (Gita Verma)

   Jud. Member                                                                                                Jud. Member

Anita