1.       RP has been filed with a delay of 21 days. An IA/14746/2024 has been filed seeking condonation of delay. Delay in filing RP is allowed after considering the reasons stated therein and those adduced during the hearing. Matter is taken up on merits. Challenge is to order of the State Commission dated 29.04.2024 vide which appeal filed by the Petitioner herein was dismissed in default on account of their non-appearance on this date. Order of the State Commission is reproduced below:

“ORDER

No representation for appellant. Respondents 1 to 3 present. Ready. M/s A.R. Ramanathan filed vakalat for R2. This appeal is posted today for appearance of appellant and R1 and for arguments in list or for dismissal. When the matter was called at 11.00 A.M, the appellant was not present, hence, passed over and called again at 12.30 noon, then also the appellant has not appeared, previous hearing also, there is no representation for appellant. Hence the appeal is dismissed for default. No order as to cost.”

2.       Learned counsel appearing for the Petitioner categorically states that out of the 20 odd hearing dates before the State Commission, he appeared on 18 dates but could not appear on the two dates including the one on 29.04.2024 when his case was dismissed in default. After careful consideration of the entire facts and circumstances of the case, we allow the RP, remand the matter back to the State Commission for fresh disposal after hearing both sides, after issuing notice to the Respondents before the State Commission as well.

3.       State Commission may verify the veracity of the statement made by the learned counsel before this Commission that he appeared before the State Commission on 18 dates out of 20 odd dates except for 29.04.2024 and 17.04.2024. If this statement is found to be wrong, State Commission shall be free to impose cost on the Petitioner herein while proceeding further with the merits of the case. Parties may appear before the State Commission on 19.12.2024.