JUSTICE J. M. MALIK, PRESIDING MEMBER

1.      Notice sent through courier.  The opposite party has not turned up.  It be proceeded against ex parte.

2.      The case was dismissed in default on 12.4.2012 by the State Commission.  The impugned order runs as follows:

“None appears for the appellant despite the fact that the matter is posted under the caption of dismissal.  In the circumstances, the appeal is dismissed for non-prosecution.  No costs.”

3.      It is stated that the counsel was busy in the High Court and could not appear before the State Commission.  It was recorded that notice sent to the respondent was served.   

4.      In the interest of justice, we hereby restore the appeal before the State Commission subject to payment of Rs.10,000/- as costs which be deposited in the Consumer Legal Aid Account of State Commission and the petitioner is directed to appear before the State Commission on 1.5.2013.  Under the circumstances, the petitioner is directed to send another notice to the respondent before proceeding against him.

The matter stands disposed of.