1. Heard the parties.

On being satisfied with the grounds, the delay of about 18 days in filing this appeal is condoned.

2. This appeal has been filed against the order dismissing the Complaint Case No. 61/2012 pending before Learned District Consumer Forum, Dhanbad, on the ground that the complainant is not perusing the case diligently.

3. Mr. Sanjay Prasad, Learned Counsel appearing for the appellant submitted that due to illness, the appellant could not appear on 4.02.2013.

4. On other hand it was submitted on behalf of the respondent that such explanation is    absolutely vague and general and without any proof.  It was further submitted that there is no explanation why the complainant did not take steps on the earlier dates.

5.  In the reply, Mr. Sanjay Prasad submitted that the complainant is pursuing his grievance since 2009 and therefore in the interest of justice, he may be given one chance.  He further submitted that henceforth complainant will peruse the Complaint Case diligently.

6. It is true that the explanation of the appellant is not satisfactory but in the interest of justice we are inclined to give one chance to the complainant.  Accordingly the impugned order is set aside on the condition that the complainant will pursue the Complaint Case diligently.

Accordingly, the impugned order is set aside.The matter is remitted back to the Learned District Forum for hearing on merits.The parties are directed to co-operate in early disposal of the case.However, if any party delays the matter unnecessarily, the Learned District Forum may proceed ex parte against such party.

With these, observations and directions this appeal is disposed off.