Order dated 12.01.2012 and Order dated 20.07.2012 passed by the Haryana State Consumer Disputes Redressal Commission are challenged in these proceedings.  By the earlier order, the State Commission had dismissed the appeal of the appellant bearing No. 2420 of 2005 due to non-appearance of the appellant or his counsel despite sufficient waiting.  By the subsequent order, the State Commission dismissed the C.M. No. 64 of 2012, by which the petitioner had prayed for setting aside the order of the dismissal of the appeal and its restoration.

2.      We have heard the counsel for the petitioner.  He submits that the non-appearance of the counsel for the appellant before the State Commission was not intentional and it was due to some unavoidable personal difficulty due to which the counsel could not appear.  Affidavit of the counsel has been filed.

3.      In view of the above and that the appeal of the petitioner-Bank has not been answered on merits, we consider it expedient in the interest of justice to set aside the dismissal of the appeal and to restore the appeal on the board of the State Commission, which will be subject to cost of Rs. 5,000/- to be paid to the respondent.  Petitioner is directed to appear before the State Commission on 19.11.2012.

4.      We make it clear that we have not considered the merits of the appeal and the State Commission will be free to take a view in accordance with law.