Learned counsel for the petitioner is present. None appears for the respondents despite service. - This revision petition has been filed under section 58 (1) (b) of the Act 2019 in challenge to the Order dated 21.12.2022 of the State Commission in First Appeal No. 1709 of 2017 arising out of the Order dated 01.08.2017 of the District Commission in complaint no. 84 of 2015.
- To facilitate better appreciation, the impugned Order dated 21.12.2022 may be quoted herein below:
Matter was called. None present for Appellant. Hence in absence of Appellant the present Appeal is dismissed. - Ordinarily, this Bench would have deferred the matter to some other date waiting for appearance of the respondents, but looking to the nature of the impugned Order it is not difficult to see that the same does not involve any complicated questions of facts or law and relates only to the first principle of natural justice. As such no useful purpose shall be served to procrastinate the hearing and keep the file pending for indefinite period of time in a matter like this. It is, therefore, it deemed expedient to decide the matter on the basis of record.
4. Heard the learned counsel for the petitioner / appellant who has tried to explain the circumstances relating to non-appearance on behalf of the petitioner / appellant on the date fixed before the State commission. The learned counsel has drawn attention of the Bench towards order-sheets of the State Commission and has tried to show that it is not a case where it may be said that the petitioner / appellant was a habitual defaulter. Even the impugned Order does not reflect that it is a case of perpetual default on the part of the appellant. Submission is that the view taken by the State Commission is a little too harsh and an opportunity of hearing and for pursuing the matter on merits may be granted so that the petitioner may not be rendered remediless. Submission is that it shall cause irreparable prejudice to the petitioner if the matter is not remitted back to the State Commission so that the Appeal may be decided on merits instead of dismissing it in non-prosecution. 5. Without making any observations about the merits of the case, lest, the same may cause any prejudice to either side and colour the vision of the fora below, in the light of the submissions made by the learned counsel for the petitioner and in view of the totality of the facts and circumstances of the case, this Bench feels it expedient to give a further opportunity to the petitioner to appear and contest its case before the State Commission. The impugned Order dated 21.12.2022 is hence set aside and the present Revision Petition is allowed and the matter is remitted back to the State Commission with the request to decide the same on merits after giving opportunity of hearing to both sides, subject to the cost of Rs.50,000/- to be paid by the petitioner to the respondent no. 1 / complainant on the date fixed or before, without fail. 6. The parties are directed to appear before the State Commission on 25.09.2023. If the cost imposed is not paid within the above stipulated period of time by the petitioner to the respondent no.1 / complainant, the impugned Order dated 21.12.2022 passed by the State Commission shall stand as it stood. 7. The principal onus of informing the respondents about this instant Order shall be of the petitioner, it shall do so within two weeks from today, without fail, and file proof thereof before the State Commission on or before the next date of hearing before it. However, if for whatever reason, the respondent no.1 / complainant does not appear before the State Commission on the date of hearing, the State Commission shall issue notice for requiring his presence in order to proceed in accordance with law in the matter, as directed by this Commission. The State Commission in such a situation may also direct the petitioner to take adequate steps in order to facilitate service to the respondent no. 1 / complainant. It may be observed that in case on the date fixed for hearing or any future date, the petitioner fails to appear before the State Commission personally or through its counsel or authorized representative, the State Commission shall be free to proceed with the matter as it may deem fit in accordance with law in its own discretion. 8. The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel as well as to the fora below within three days. The stenographer is requested to upload this Order on the website of this Commission within three days. | 
