1.       This revision petition has been filed, with a reported delay of 102 days, in challenge to the Order dated 28.08.2023 in Appeal No. 370 of 2022 of the State Commission Andhra Pradesh arising out of Order dated 25.08.2022 of the District Commission in Complaint no. 186 of 2020.

2.       Learned counsel for the petitioner is present.  However, no one appears on behalf of the respondent despite service. However, as the matter does not involve any complicated questions of facts or law, the appeal having been dismissed by the State Commission in non-prosecution in the absence of petitioner / appellant, the Bench deems it appropriate to dispose of the matter on the basis of record available. 

3.       Heard the learned counsel for the petitioner and perused the record including inter alia the Order dated 25.08.2022 of the District Commission, Order dated 28.08.2023 of the State Commission, application seeking condonation of delay and the memo. of revision.  

4.       Learned counsel for the petitioner has elaborated upon the reasons and circumstances for filing this petition with delay.

5.       In the wake of the submissions made and the explanation given for delay and also in order to facilitate arriving at a just conclusion on merits the delay in filing this petition stands condoned.   

6.       For better appreciation the impugned Order is quoted hereinbelow:-

“1. This petition is filed, under Section 5 of the Limitation Act, to condone the delay of 57 days in preferring the appeal.

2.  No presentation on behalf of the petitioners in spite of the conditional order, even though this Commission waited up to 04.30 P.M.  It seems that the petitioners are not interested to prosecute the petition. No purpose will be served by keeping the matter pending.

3. Hence, the petition is dismissed for non-prosecution.”

7.       Learned counsel has tried to elaborate upon the merits of the case as well as upon the circumstances which prevented the petitioner / appellant from appearing in the State Commission. Submission is that representing counsel was seriously unwell and some part of her body remained paralyzed during the relevant period of time which disabled her to appear in the matter.  Submission is that the petitioner has a good case on merits and as the appeal was dismissed in non-prosecution and the merits of the case have remained unadjudicated which is likely to cause grave prejudice to the petitioner and it shall be left remediless. It has been contended that if opportunity shall beprovided to pursue the appeal on merits and of being heard there are fair prospects of the appeal being allowed by the State Commission or else the petitioner / appellant shall be left remediless and its cause shall suffer irreparably.  It has also been submitted that the appeal was filed before the State Commission with delay and the matter was to be heard by the State Commission on  the point of condonation of delay in preferring the appeal before it but as the matter got dismissed in non-prosecution the matter in issue could not heard on its merits and the appellant did not get a chance to make submissions on the application seeking condonation of delay.  

8.       This Commission at this stage does not propose to delve into or touch upon the merits of the case but considering the nature of the dispute and the overall facts and circumstances of the matter in their totality and keeping in perspective the explanation proffered for non-appearance, it is felt just and conscionable that reasonable opportunity be further provided to the petitioner / appellant for adjudication of the subject matter in question on merit in the State Commission, lest it be left remediless.

9.       As such, in the interest of justice, without making any observations on merits of the case  the Order dated 28.08.2023 of the State Commission is set aside  and the appeal is restored to its original number before the State Commission subject to cost of Rs. 50,000/- to be paid to the respondent / complainant directly or through the State Commission on or before the date fixed, without fail. 

The petitioner / appellant is sternly advised to conduct its case in the right earnest with due diligence.

10.     The parties shall appear before the State Commission on 10.04.2024. The State Commission is requested to adjudicate the matter on merit after providing adequate opportunity to both the parties to pursue the matter as per law.

11.     The principal onus of informing the respondent of 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 does not appear before the State Commission on the date of hearing, the State Commission shall issue notice for requiring her 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 require the petitioner to take adequate steps in order to facilitate service on the respondent.

12.     The Registry is requested to send a copy each of this Order to all parties in this petition and to the learned counsel for the petitioner as well to the State Commission within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.