1.       This revision petition has been filed under Section 58 (1) (b) of the Act 2019 in challenge to the Order dated 13.02.2023 in Appeal No. 978 of 2017 of the State Commission Uttar Pradesh arising out of Order dated 24.12.2013 of the District Commission in Complaint no.228 of 2011.

2.       None has appeared for the respondents despite service of notice. However, considering the nature of the impugned order and its narrow canvas which does not involve any complicated questions of law or fact, being a simple matter of dismissal in non-prosecution for the reason of non-appearance of the petitioner, the Bench deems it just and appropriate to decide the matter on the basis of the record after hearing the learned counsel for the petitioner and not to delay it any further.

3.       Heard the learned counsel appearing for the petitioner and have perused the record including inter alia the Order dated 24.12.2013 of the District Commission, the impugned Order dated 13.02.2023 of the State Commission and the memo. of petition.

4.       For appreciation of the facts the impugned Order dated 13.02.2023 may be quoted hereinbelow:

13.02.2023

Called out. None is present on behalf of the appellant. Learned counsel for respondent no. 1 Sh. A.K. Rai Present.

The present appeal is dismissed due to the absence of the appellant.

File be consigned to record room.

The Stenographer is expected to upload expeditiously this decision on the website of the Commission as per rules.   

5.       As is obvious from the impugned Order that the matter was dismissed for non-prosecution.

6.       Learned counsel for the petitioner tried to elaborate upon the merits of the case as well as upon the circumstances which prevented the petitioner  and his counsel from appearing in the State Commission. Submission is that the petitioner belongs to Meerut and had been appearing in person having no means to engage any counsel. Submission is that he had submitted written arguments with the request to decide the appeal on that basis but it appears that because of the non appearance the impugned Order has been passed in appeal on the ground of default and non-appearance. Submission is that in such circumstances the petitioner has been left remediless and could not contest and get the Order of lower appellate tribunal on merits which has caused great prejudice to its cause and which is irreparable. Submission is that the impugned Order may be set aside with the direction to grant opportunity to the petitioner of being heard or at least to decide the appeal on the basis of the written arguments submitted by the petitioner so that the merits of the appeal may be considered and adjudicated upon.   

7.       As such, in the interest of justice, without making any observations on merits of the case  the Order dated 13.02.2023 of the State Commission is set aside and the appeal is restored to its original number before the State Commission. The petitioner is sternly advised to conduct its case in right earnest before the State Commission

8.       The matter is remanded back to the State Commission with the direction to decide the matter on its merits in accordance with law after providing adequate opportunity to both the parties. The parties are directed to appear before the State Commission on 26.09.2023. In case the petitioner does not appear on the date fixed the State Commission may proceed to decide the appeal on merits without waiting for the petitioner or his counsel any further and adjudicate the same keeping in perspective the written arguments that are said to have been submitted before the State Commission.

9.       The principal onus of informing the respondents of this instant Order shall be of the petitioner. It shall do so within two weeks from today, without fail, and file proof thereof before the State Commission on or before the next date of hearing before it.  

However, if for whatever reason, the respondents do not appear before the State Commission on the date of hearing, the State Commission shall issue notice for requiring their presence in order to proceed in accordance with law in the matter, as directed by this Commission. The State Commission in such a situation may also require the petitioner to take adequate steps in order to facilitate service on the respondents.

10.     The Registry is requested to send a copy each of this Order to all parties in the petition and to the learned counsel for the petitioner. The stenographer is requested to upload this Order on the website of this Commission immediately.