Order dated 21.8.2012 passed by the Delhi State Commission in First Appeal No. 155/10 is questioned in these proceedings.  By the said order, the State Commission has dismissed the appeal in default of appearance of both the parties. 

2.      Counsel for the petitioner submits that non-appearance of the counsel for the petitioner, appellant before the State Commission, was not intentional and it was due to the reason that the counsel had incorrectly noted down the next date of hearing as 30.08.2012 instead of 21.08.2012.  Copy of the relevant entries of the diary, have been filed.

3.      Having considered the matter and that the appeal of the petitioner has not been answered on merits, we set aside the dismissal of the appeal and restore it on the board of the State Commission, which will be subject to cost of Rs. 5,000/- to be deposited in the Consumer-Legal-Aid-Account of this Commission within a period of two weeks.

4.      Parties are directed to appear before the State Commission on 09.11.2012.

5.      Needless to say that we have not bestowed any consideration on the merits of the complaint and the State Commission will be free to decide the same in accordance with law.

6.      It is also observed that if there was any stay operating at the time of dismissal of the appeal of the petitioner, the same shall stand restored.