1.       The State Commission Consumer Disputes Redressal Commission, Delhi (for short, “the State Commission”) dismissed the appeal filed by the petitioner/OP for non-prosecution. The appellant did not appear for hearing and had not paid the cost of Rs.3,000/- for condoning the delay in filing the present appeal.

2.       Heard the learned counsel for the petitioner and the respondent in person. As per order dated 26-08-2014 the petitioner has deposited additional amount of Rs.50,000/- in the State Commission, Delhi and the impugned order was stayed till the next date of hearing. On 07-09-2015 the matter was listed before State Commission and the delay was condoned subject to payment of cost of Rs.3,000/- and the case was fixed for 15-01-2016, but in the first week of 2016 the counsel for the petitioner unfortunately lost his court diary and unable to update the scheduled date of the instant matter. Therefore, he could not appear on 15-01-2016 and the next date was fixed on 25-06-2016. However, neither the petitioner nor his counsel had any notice with regard to the scheduled next date of hearing. Hence, no one appeared on next date. Therefore, he could not pay Rs.3,000/- to the respondent/complainant. It happened unintentionally.

3.       In my view, the reasons explained by the petitioner are satisfactory. The State Commission has not decided the matter on merits and dismissed the same for non-payment of cost. The order of the State Commission is hereby set aside and the matter is remitted to the State Commission subject cost of Rs.10,000/- to be paid to the complainant within four weeks from the date of receipt of copy of this order, by demand draft in his name.

4.       Both the parties shall appear before the State Commission on 19-02-2018. The State Commission shall adjudicate the matter on confirming the payment of cost to the complainant.

          The revision petition stands disposed of.