This revision petition was dismissed as barred by limitation by this Commission on 16.8.2005.  Against the said order, petitioner filed a Special Leave Petition in which leave was granted.  Hon’ble Supreme Court has condoned the delay and remitted the case to this Commission for hearing the case on merits subject to payment of Rs.10,000/- as cost. 

Counsel for the petitioner submits that the petitioner sent cost of Rs. 10,000/- by way of cheque to the respondent but the same was

received back with the postal remarks “Complainant is not residing at the given address”.  Thereafter, petitioner filed a fresh address, on which notice was issued but the same has not been received served or otherwise.  State Commission had also dismissed the appeal as barred by time. 

            In view of order of remand passed by Hon’ble Supreme Court in which the delay of more than 104 days has been condoned, we set aside order passed by the State Commission dismissing the appeal as barred by time and remand the same to the State Commission for a decision on merits in accordance with law which shall be subject to payment of further cost of Rs.10,000/-.  The State Commission may issue a fresh notice to the respondent and on payment of Rs.20,000/- by way of cost in all i.e. Rs.10,000/- imposed by us and Rs.10,000/- imposed by Hon’ble Supreme Court, proceed to decide the case on merits in accordance with law under due notice to the parties.