This revision petition, under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) is directed against order dated 8^th February, 2013 passed by the Delhi State Consumer Disputes Redressal Commission (for short “the State Commission”) in First Appeal No. 29 of 2011.  By the impugned order the appeal preferred by the Delhi Development Authority (for short “the DDA”) against the order of the Consumer Disputes Redressal Forum-II, Delhi has been dismissed in default on account of non-appearance of Counsel for the DDA.

          Having heard learned Counsel for the parties and perused the proceedings sheet maintained by the State Commission, we are of the opinion that the revision petition deserves to be allowed.

          The record shows that on remand of the case by this Commission to the State Commission vide order dated 11^th January, 2012, the appeal was listed on 6^th March, 2012 but both the parties failed to appear.  Accordingly, the Bench directed issue of notice to both the parties for 28^th May, 2012, when the case was adjourned for hearing for 7^th August, 2012.  Thereafter certain proceedings took place and finally on 8^th October, 2012 the appeal was directed to be listed for final arguments on 16^th April, 2013.  It appears that on or after 18^th June, 2012 an application seeking preponement of the said date was filed by the Complainant.  The order passed on the margin of the said application reads: “Put up with file on 17/1/13”.  As desired, the appeal was listed for hearing on 17^th January, 2013, when an order for listing the same on 8^th February, 2013 was passed.  Learned Counsel for the parties are ad idem that notice for fixing the case either on 17^th January, 2013 or 8^th February, 2013 was issued to the DDA or their Counsel.  As noted above, the appeal was dismissed in default on 8^th February, 2013. 

          From the aforesaid facts, it is manifest that the DDA had no knowledge about the preponement of date of final hearing from 16^th April, 2013 to 8^th February, 2013.  Therefore, the dismissal of the appeal of the DDA on 8^th February, 2013 was against the principles of natural justice. 

          Under the circumstances, we set aside the impugned order and remit the appeal back to the State Commission for disposal on merits.  Parties/their Counsel are directed to appear before the State Commission on 6^th January, 2014. 

Bearing in mind the fact that the complaint was filed sometime in the year 2009, we request the State Commission to take up the appeal for final disposal on that date or any other short date as may be found convenient.

          Learned Counsel for the Respondent has handed over to Counsel for the DDA a cheque in the sum of Rs.6000/-, which was required to be paid to the Respondent vide order dated 10^th May, 2013 for revalidation.  The said cheque shall be revalidated and delivered to the Respondent within two weeks.

          The revision petition stands disposed of in the above terms.