Heard both the parties. Learned counsel for the appellant states that the matter was dismissed in default vide impugned order dated 16.08.2018 by the State Commission as the associate of the counsel got married and did not update the record and therefore nobody could pursue the case. As -2- there was no information of dismissal of the case, they could not file the appeal in time and the delay occurred. The delay may be condoned on the grounds as mentioned in the application for condonation of delay. Learned counsel further states that the claim was for about Rs.38 lakhs, however, it has been settled for Rs.8 lakh only and therefore complaint has been filed for the remaining amount. The complainant has also filed other daily order-sheets of the State Commission. In most of the dates, the counsel for the appellant has been present. On 25.01.2017, complainant has sought eight weeks’ time for filing the rejoinder and evidence however nobody has appeared on the date fixed and no rejoinder and evidence has been filed on that date. In the interest of justice, the appeal is allowed at a cost of Rs.15,000/- to be paid to the respondent for condoning the delay within a period of four weeks’ and the order dated 16.08.2018 passed by the State Commission is set aside and the matter is remanded to the State Commission to proceed from the stage from which it was left at a cost of Rs.20,000/- to be deposited with the legal aid account of the State Commission, Delhi within a period of four weeks. The learned State Commission shall proceed with the complaint case after the cost of Rs.15,000/- has been paid to the respondent and a cost of Rs.20,000/- has been deposited with the legal aid account of the State Commission. Cost be paid and deposited within a period of four weeks and ultimately on or before the next date before the State Commission. The parties are directed to appear before the State Commission on 13.12.2019. |