JUSTICE V.K.JAIN (ORAL)

This revision petition is directed against the order of the State Commission dated 12.12.2013  whereby an appeal preferred by the petitioner company against the order of the District Forum dated 6.2.2013 was dismissed as barred by limitation there being a delay of 97 days in filing the appeal. The State Commission did not examine the appeal of the petitioner company on merits. Being aggrieved, the petitioner company is before this Commission.

2.      The learned counsel for the complainant/respondent submits that the respondent had also challenged the order of the District Forum by instituting an appeal before the State Commission. The said appeal has also been dismissed by the State Commission  by way of a subsequent order.

3.      The learned counsel for the parties are in agreement that the delay in filing of the appeal by the petitioner, namely, Kone Elevators Pvt. Ltd. may be condoned, subject to payment of suitable cost to the complainant and the order of the State Commission  impugned in this revision petition as well as subsequent order of the State Commission  dismissing the appeal filed by the complainant/respondent be set aside and both the appeals be remitted back to the State Commission for deciding the same afresh by way of a common order. The revision petition is therefore disposed of with the following directions:-

(i)      The impugned order is set aside and the delay in institution of the appeal by the petitioner company - Kone Elevators Pvt. Ltd. is condoned subject to payment of Rs.50,000/- as cost to the complainant.

(ii)      The subsequent of the State Commission  dismissing the appeal of the complainant/respondent is also set aside.

(iii)     The appeal preferred by the petitioner company, namely,  Kone Elevators Pvt. Ltd. as well as the appeal which the respondent had preferred against the order of the District Forum are remitted back to the concerned State Commission for deciding both the appeals on merits by way of a common order.

4.      The parties shall appear before the State Commission  on 27.8.2020.

5.      The amount deposited by the petitioner company in compliance of the interim order of this Commission shall remain deposited and the final order with respect to disbursal of that amount and interest which accrues on it shall be passed by the State Commission while deciding the appeals afresh.