The petitioner is present in person.  Shri Sanjay Sharma, Legal Manager, respondent-Bank is present.  Shri Sanjay Sharma claims that he has power of attorney of ICICI Bank but it has not been produced.

Arguments on merits of the case heard.

The appellant had filed an appeal before the State Commission on 12.10.2011 and his case was dismissed as default on 31.1.2012.  The petitioner submits that he appeared before the State Commission five minutes after the said order was passed.  However, he has no proof of the same.

In the interest of justice, the application is allowed and the appeal before the State Commission is restored.  The parties are directed to appear before the State Commission on 28.7.2012.  The application is allowed subject to the petitioner depositing Rs.3,000/- in the Consumer Legal Aid Account of this Commission.

The State Commissions is directed to hear the appeal on merits after satisfying that the above said cost has been deposited.