Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

          According to the applicant/org. complainant, dispute was settled out of Commission and parties were expected to file their settlement terms and to get settled the dispute.  However, on the date, nobody appeared and therefore, observing that no settlement pursis filed on record and the parties remaining absent, complaint stood dismissed for default.  After having received copy thereof, on 05/07/2010 complainant-Dr.Virendra Kumar filed this application for restoration stating that he was staying out of Mumbai and he was expected that the Advocate would do the necessary things and file the Consent Terms on record.  His belief is incorrect, rather at the time of filing pursis, complainant ought to have remained present.  Since, he is a layman and his Advocate might have not advised him properly, some concession should be given to him to restore the complaint which was dismissed for default.  We are satisfied that the satisfactory reasons are mentioned by the applicant/org. complainant to get restore the complaint dismissed for default.  We hold accordingly and pass the following order :-

                             -: ORDER :-

1.       Application is allowed.  The impugned order dated 02/03/2010 is recalled and complaint No.254/2002 is restored to file with its original number and now fixed on 25/11/2010.

2.       Applicant/org. complainant to take steps for issuing notice to the respondent/org. O.P. by registered post acknowledgement due through the State Commission informing about next date.

3.       No order as to costs.