PER JUSTICE J.M. MALIK, PRESIDING MEMBER Counsel for the parties heard. 2. We have perused the legal notice sent by the complainant/Dr. Swapan Kumar Samanta to Thyrocare Technologies Ltd., at the address of Thyrocare House Thane, Mumbai – 400 610. The notice was replied by the petitioner/O.P. on 10.08.2005 from the same address. However, -2- the complaint was filed at another address giving the address of the petitioner/O.P. as Thyrocare Technologies Ltd., inter-alia carrying its business from 65/1, Feeder Road, Kolkata – 700 056. The petitioner does not have any concern with this address. However, the above said address at Kolkata pertains to one Mr. Himangshu Debnath of Pathonova Diagnostic, petitioner/O.P. has got business relations with Mr. Himangshu Debnath. The State Commission in its order dated 13.01.2012 mentioned: “It further transpires from the said judgment of the Ld. Court below that on Mr. Himangshu Debnath of Pathonova Diagnostic Centre having the said address of 65/1, Feeder Road, Kolkata – 580 056 appeared and stated by filing a petition that the applicant did not have any address at 65/1, Feeder Road, Kolkata – 580 056 rather this applicant as carrying on its business from its office at Mumbai”. 3. Counsel for the complainant could not produce solid and unflappable evidence that this address at Kolkata belongs to the petitioner/opposite party. It is well settled that the petitioner was denied the opportunity of being heard. The State Commission in its order had already been condoned the delay, but subsequently, it withdrew the same as it had no power to review its own order. It is well known legal -3- maxim, “No man should be condemned unheard”. Again, whatever disagreement there be as to the scope of phrase “due process of law”, there can be no doubt “due to it”, embraces the fundamental conception of a fair trial with opportunity to be heard. 4. In the result, we hereby condone the delay, set aside the order passed by the State Commission and remand the case before the State Commission for further hearing. The parties are directed to appear before the State Commission on 28.11.2013. It is further directed that complainant be heard after satisfying that the costs of Rs. 5,000/-, imposed upon the complainant on 15.07.2013 and Rs. 2,500/- on 04.10.2013, by this Commission is paid to the opposite party. 5. The Ld. State Commission is directed to expedite the case and dispose it of within four months. | 
