JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL) 1. Learned counsel for the parties present. The appeal was dismissed in default by the U. P. State Consumer Disputes Redressal Commission. 2. Arguments from Shri B. K. Berera, Advocate, who has filed memo of appearance heard. Learned counsel for the respondent also heard. The impugned order dismissing the appeal in default reads as under: “Dated 06.11.2012 Hon’ble Shri R. P. Singh, Presiding Member pronounced Judgment The list has been repeated. On the web site of Commission cause list uploaded and being shown on internet and even after sufficient information today at the time of hearing on behalf of both the parties no one remained present. Therefore, from the above it is clear that in the proceedings of this Appeal the Appellants have no interest. Accordingly due to absence of both the parties in the absence of Pairvi of appeal is liable to be dismissed. ORDER Due to absence of both the parties this appeal is being dismissed. Both the parties will bear their own expenses of appeal. Both the parties may be made available the certified copy of this order. -3- Sd/- illegible 06.11.12 Sd/- (R.P. Singh) (Jugal Kishore) Presiding Member Member” 4. Learned counsel for the respondent cited an authority reported in Lord Shiva Co-operative Group Housing Society vs. Captain Vishnu Bhagwan Sharma II (2012) CPJ 5 (NC). We are of the considered view that this authority is not applicable to this case. The procedure adopted by the State Commission is not recognized by law. There is no provision in the Consumer Protection Act, 1986 or the Civil Procedure Code that service would be effected through internet. It appears that the Hon’ble Members of State Commission have not read the Consumer Protection Act, 1986. Regulation 10 of the Consumer Protection Regulations 2005 runs as follows: “10. Issue of notice.-(1) Whenever the Consumer Forum directs the issuance of a notice in respect of a complaint, appeal or revision petition, as the case may be, to the opposite party(ies)/respondent(s), ordinarily such notice shall be issued for a period of 30 days and depending upon the circumstances of each case even for less than 30 days. (2) When there is a question of raising presumption of service, 30 days notice shall be required. -4- (3) Whenever notices are sought to be effected by a courier service, it shall be ascertained that the courier is of repute. (4) While appointing the courier for the purpose of effecting service, security deposit may also be taken. (5) Along with the notice, copies of the complaint, memorandum of grounds of appeal, petitions as the case may be and other documents filed shall be served upon the opposite party(ies)/respondent(s). (6) After the opposite party or respondent has put in appearance, no application or document shall be received by the Registrar unless it bears an endorsement that a copy thereof has been served upon the other side.” When the Consumer Protection Act, 1986 is silent about the further procedure, we always press in service Order 5 Rule 20 C.P.C. for substituted service. There is no provision for internet service. 5. In the interest of justice, the order dated 6.11.2012 passed by the State Commission is set aside without any condition and the appeal is restored before the State Commission. The State Commission is directed to hear both the parties and decide the appeal afresh on merits expeditiously. The parties are directed to appear before the State Commission for 19.12.2013 for further proceedings. The revision petition stands disposed of. | 
