Taken up through video conferencing.

1.       This revision petition has been filed under Section 21(b) of The Consumer Protection Act, 1986 in challenge to the Order dated 24.02.2020 passed in first appeal no. 2856 of 2016 by the State Consumer Disputes Redressal Commission, Maharashtra.

2.       Heard the learned counsel. Perused the material on record, including the impugned Order dated 24.02.2020 of the State Commission and the petition.

3.       Vide its Order of 24.02.2020 the State Commission has dismissed the appeal for want of prosecution.

4.       It appears that on the date fixed for final hearing no one turned up on behalf of the appellant to argue the matter and hence the State Commission proceeded to dismiss the appeal for want of prosecution.  It further transpires that thereafter the advocate appeared and moved an application to set aside the Order of dismissal of appeal in default explaining the circumstances under which the counsel could not appear before the Commission in time.  Taking a strict view of the matter the prayer made by the lately appearing counsel was turned down and the application seeking the recall / review of the dismissal Order was rejected.

5.       Learned counsel appearing before this Commission has tried to elaborate upon the merits of its case and has also emphasized  that had the State Commission provided opportunity of being heard in place of dismissing the appeal in default, the appeal had fair prospects of being allowed on merits.  It was also emphasized by the counsel that it was certainly not a matter where a reluctant litigant or his negligent counsel was not showing due diligence or had approached the State Commission seeking the recall of ‘dismissal in default Order’ at some inordinately belated stage which could have otherwise vindicated such a strict view of the matter as has been adopted.   

6.       The dispute relates to a transaction made on complainant’s credit card. Considering the nature of the dispute and the overall facts and circumstances in their totality, it is felt just and conscionable that reasonable and sufficient opportunity be further provided to the complainant for adjudication of his appeal on merit in the forum of appellate jurisdiction.

7.       As such, in the interest of justice, the Order dated 24.02.2020 of the State Commission is set aside and the appeal is restored to its original number before the State Commission. The complainant is sternly advised to conduct his case professionally before the State Commission.

8.       The parties shall appear before the State Commission on 04.10.2021. The State Commission is requested to adjudicate the appeal on merit as per the law.

9.       The principal onus of informing the respondent - opposite party bank of this instant Order shall be of the petitioner– complainant. He 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 (04.10.2021).

However, if for whatever reason, the respondent – opposite party bank does not appear before the State Commission on 04.10.2021, the State Commission shall issue notice for requiring its presence in order to proceed in accordance with law in the matter, as directed by this Commission.

In case the respondent – opposite party bank has objection to the appeal being restored, it may file appropriate application before the State Commission, submitting that it will raise its objection before this Commission (National Commission). In such contingency, the State Commission shall not proceed further with the appeal for a period of three months. In the said period of three months, the respondent – opposite party may file appropriate application before this Commission to raise its objection.

10.   If the opposite party moves appropriate application in this Commission within the aforesaid period of three months, or before, further proceedings of the State Commission shall be subject to the orders that may be passed by this Commission on such application. If the opposite party does not approach this Commission in the period of aforesaid three months (or before), the State Commission shall further proceed in the matter in accordance with law.

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