ORDER (ORAL)         

          This Appeal has been filed by the Appellant/Opposite Party against the order dated 03.10.2017 of the Uttar Pradesh State Consumer Disputes Redressal Commission (for short “the State Commission”) in Complaint No.266 of 2017 whereby the Appellant/Opposite Party was proceeded ex-parte.     

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2.      In this Appeal filed by the Opposite Party, it is submitted that the Appellant be not made to suffer due to laxity of its counsel who was duly authorised to appear before the State Commission but did not attend the proceedings and this fact came to the notice of the Appellant only on receiving the copy of the impugned order on 04.12.2017 and then immediately, the present Appeal has been filed.  It is submitted that non-appearance of the counsel was not intentional and the party should not be made to suffer due to laxity of the counsel.

3.      None present on behalf of the Respondent/Complainant.  Since it is a short matter, arguments heard.

4.      For the reasons disclosed in the Appeal, it is apparent that the Appellant has suffered due to carelessness and casual approach of its Counsel.  Hon’ble Supreme Court has settled the proposition of law that no person should be made to suffer due to laxity on the part of his counsel.  In the interest of justice, I allow the Appeal.  The impugned order is set aside and the matter is remanded back to the State Commission for early disposal of the matter.  Written statement be filed within the statutory period.  A cost of ₹10,000/- (Rupees Ten Thousand only) is imposed on

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the Appellant while allowing the Appeal.  The cost shall be paid to the Complainant by way of demand draft within eight weeks.

5.      Parties are directed to appear before the State Commission on 20.01.2023.

6.      Copy of this order be sent to the State Commission.