Learned counsel for the appellant is present.

     Though notices against the respondents were made sufficient, none appeared on behalf of the respondents.

     Heard.

     This appeal arises out of the order dated 18.11.2014 passed by the learned District Forum, Khurda at Bhubaneswar dismissing CC No. 285 of 2010 for default.

     The impugned order is as follows:-

“The complainant is absent on repeated calls and no steps filed by her. Advocate for O.P. is present. The case is posted today for hearing as last chance. Perused the order sheet which reveals that the complainant remained absent since long and no steps taken by her.

Hence, this case is hereby dismissed for default.”

     It is contended that the appellant/complainant is an aged woman who resides at Cuttack. She had entrusted her case to the learned counsel at Bhubaneswar.  She could known about dismissal of her case long after the impugned order was passed due to communication gap between the complainant and her advocate. Since the complaint was posted for hearing and it was for the learned advocate to take steps for hearing, the complainant is no way responsible for default in appearance. Therefore, the grievance of the appellant may be liberally considered and she may be given an opportunity of pursuing the complaint on merit.

      Upon hearing the learned counsel for the appellant and upon perusal of the District Forum, record, we feel it proper to restore and remit the matter back to the learned District Forum for disposal on merit in accordance with law.

       Accordingly, the appeal is allowed,  the impugned order is set aside, CC No. 285 of 2010 is restored to file and  the matter is remitted back to the learned District Forum, Khrda at Bhubaneswar for disposal on merit in accordance with law.

      Appellant is directed to appear before the learned District Forum on 16.4.2019 and produce the certified copy of this order upon which the learned District Forum shall issue fresh notice to the respondent who were the OPs before the District Forum and dispose of the complaint expeditiously preferably by the end of August, 2019.

        DFR be sent back forthwith.