The State Commission has dismissed the appeal as barred by limitation on the ground that there was delay of 3 months and 12 days in filing the appeal.

2.                Order of the District Forum is dated 2^nd June, 2009, which was received by the Respondent on 10^th June, 2009.  30 days for filing the appeal expired on 9^th July, 2009 and the appeal was filed on 24^th July, 2009, which is evident from the stamp of the State Commission on the memo of appeal showing that the appeal had been filed on 24^th July, 2009.  The memo of appeal is at page 159 of Volume – I.  The State Commission, in Para 14, has ironically taken the date of filing the appeal to be 14^th September, 2009 instead of 24^th July, 2009.  In another Para 19 of its order, the State Commission has taken the date of filing of the appeal to be 2^nd June, 2010 i.e. after one year of the order of the District Forum.  Both the findings recorded by the State Commission in Para 14 and Para 19 of its order, are incorrect.  There was delay of only 14 days in filing the appeal.  In our view, the delay of 14 days in filing the appeal should have been condoned.  Accordingly, we condone the delay of 14 days in filing the appeal. 

3.                The order of the State Commission is set aside and the case is remanded back to the State Commission to decide the appeal afresh in accordance with Law.  Parties through their counsel are directed to appear before the State Commission on 07-02-2011.  Till the date of appearance, execution of the order of the State Commission shall remain stayed.  Dasti.