Complaint filed by the respondent/complainant was allowed by the District Forum. Appellant being aggrieved filed the appeal -2- before the State Commission which has been dismissed in default of appearance. Limited notice was issued to the respondent to show cause as to why the impugned order be not set aside and the appeal restored to its original number. Respondent has put in appearance in person and states that he is being unduly harassed by the petitioner; petitioner was proceeded ex-parte before the District Forum also; that the petitioner did not appear purposely to harass him. After hearing counsel for the petitioner and the respondent in person, in the interest of justice, notice issued to the respondent is made absolute. Order of the State Commission is set aside and the case is remitted back to the State Commission for a fresh decision in accordance with law. This order shall be subject to the payment of Rs.5,000/- as costs to the respondent/complainant. Parties are directed to appear before the State Commission on 07.03.2013. Petitioner is directed to tender the costs of Rs.5,000/- on the fixed date of hearing before the State Commission. In case the costs -3- are not tendered, the order dismissing the appeal in default shall stand revived. |