1.       This revision petition has been filed under Section 58(1)(b) of The Consumer Protection Act, 2019 in challenge to the Order dated 02.03.2023 of the State Commission in First Appeal No. 52 of 2023  arising out of the Order dated 08.12.2022 of the District Commission in Consumer Complaint No. 11 of 2013.

2.     It appears that being aggrieved by the District Commission’s Order, the appeal was filed by the petitioner in the State Commission but the same was dismissed on the point of limitation.

3.     Learned counsel for the petitioner submits that the appeal was filed in the State Commission with a delay of 14 days only against the Order dated 08.12.2022 passed by the District Commission. The circumstances which caused the same have been explained by the learned counsel. The grounds of explanation in this regard have also been taken in the revision petition. Submission is that the petitioner has a good case on merits and the dismissal of the appeal by the State Commission on the ground of delay will render the petitioner remediless and the damage caused will be irreparable. Submission is that the delay has been evaluated too harshly while the explanation for the same furnished sufficient cause to condone the same.

4.     Learned counsel for the respondent has been gracious enough to adopt a fair approach and does not raise any objection if the petition is allowed and the matter is remitted back on the file of the State Commission to decide the same on merits with appropriate and reasonable cost.

5.     Perused the record and also considered the submissions made at the Bar by the learned counsels.  

6.     In view of the short period of delay involved in filing the appeal before the State Commission and in view of the explanation that has been furnished to explain the delay and also keeping in perspective the no objection from the respondent’s side, this Bench is of the view that in the circumstances of the case, the delay ought to be condoned and the matter should better be decided on merits.

7.       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 opportunity to the petitioner to appear and contest its case before the State Commission on merits. The impugned Order dated 02.03.2023 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 / complainant on or before the date fixed, without fail. 

8.       The parties are directed to appear before the State Commission on 18.10.2023.

9.       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.