Heard Appellant in person and Counsel appearing for the Respondent.

The Office has submitted a report that the appeal has been filed with delay of 139 days. The Appellant has field IA/10045/2022 for condoning the delay. In the IA the Appellant has stated that the order was passed on 28.04.2022, but, its free copy has not been supplied to the Appellant, therefore, he could not know about the order.  The Appellant sent emails on 20/2/2022 and 25/03/2022, in order to apprise with the date fixed in the complaint, but, no reply was received. The Appellant checked the website on 29.07.2022, but, status of the case was not available on the website.  Then the Appellant visited the office of State Consumer Disputes Redressal Commission on 01.08.2022 and came to know about the order dated 28.04.2022. He immediately applied for issue of its certified copy on 01.08.2022, which was delivered on 19.09.2022 and the appeal was filed on 14.10.2022, it is within one month from receiving the certified copy of the order. The delay has been properly explained. The IA is allowed. Delay in filing the appeal is condoned.

Appeal

Above appeal has been filed against the order of State Consumer Disputes Redressal Commission dated 28.04.2022, whereby the complaint was dismissed for want of prosecution. In the impugned order, the State Commission has noticed that the Complainant did not attend the complaint on 31.08.2020, 11.09.2020, 01.03.2021, 19.04.2021 & 29.03.2022, therefore, the complaint was dismissed for want of prosecution. The Appellant appearing in person informs that all the above dates were fixed during the period when Covid-19 was spreading in the country and working of the Courts were disturbed. The Complainant tried to know about the date fixed in the complaint through the emails dated 20.02.2022 & 25.03.2022, but, no reply was received to the Complainant as such the Complainant even could not know about the fixing of the date in the complaint dated 29.03.2022 and 28.04.2022. In the absence of knowledge about the date fixed in the complaint and due to spread of Covid-19, the Appellant could not appear before the State Commission, the default was not deliberate.

We have considered the arguments of the Appellant in person as well as Counsel for the Respondent. It is not disputed that due to Covid-19, the Supreme Court has waived the limitation from 15.03.2020 till 28.02.2022. In the meantime, the Appellant tried to know about the date fixed in the complaint by sending emails on 20.02.2022 & 25.03.2022, but, emails were not replied, therefore, he could not know about the dates of 29.03.2022 & 28.04.2022 and default has been committed. In the interest of justice, the order dismissing the complaint in default is liable to be set aside.

                                                Order

          In the result the appeal is allowed. Order dated 28.04.2022 is set aside and CC/222/2012 is restored to its original number. The Appellant is present before this Commission, he shall appear on 27.05.2024 before the State Commission along with the certified copy of this order. Thereafter, the State Commission shall fix a date according to the convenience of the Parties for hearing the matter and try to dispose of it as early as possible preferably within 3 months.