This revision petition is directed against the order dated 21.01.2010 of the State Commission, U.P. whereby the State Commission dismissed the appeal preferred by the petitioners against the order of the District Forum for non-prosecution on account of absence of the petitioners (appellants). 2. Learned Sh.Vishwajit Singh, counsel for the petitioners submits that the State Commission has dismissed the appeal of the petitioners on technical ground on account of non-appearance without looking into the merits of the case. It is submitted that absence of the petitioners on hearing dated 21.01.2010 was unintentional as he was under the impression that his counsel would appear and plead the case on their behalf. However, learned counsel for the petitioners could not appear on the date of hearing because of some misunderstanding about the date of hearing for which the petitioners should not be penalized. It is further contended that if the impugned order is allowed to stand, the appellants would suffer grave injustice as they have a strong case in the appeal. Learned counsel thus urges us to allow the revision petition and set aside the impugned order. 3. Learned Sh.Narinder Kumar Verma, counsel for the respondent on the contrary has opposed the prayer of the petitioners and submitted that the petitioners are indulging dilatory tactics and after obtaining the stay order dated 03.12.2001, the petitioners did not care to appear on the dates of hearing fixed by the Commission. 4. We have considered the rival contentions and perused the record. In the instant case, the First Appeal filed by the petitioners has been dismissed on technical ground due to non appearance of counsel for the petitioners. According to the petitioners, they had instructed the counsel to appear on the date fixed but the counsel did not appear due to some misunderstanding about the date of hearing. We are of the view for this lapse on the part of the counsel for the petitioners, the petitioners should not be penalized. Accordingly, taking into account the facts and circumstances of the case, we accept the revision petition. The impugned order is set aside and the matter is remanded back to the State Commission for hearing on appear in accordance with law subject to cost of Rs.10,000/- out of which Rs. 5000/- shall be deposited in the Consumer Legal Aid Account of this Commission and balance of Rs.5,000/- shall be paid to the respondent for the delay caused. 5. Both the parties are directed to appear before the State Commission on 15.02.2013.