1.       Heard counsel for the petitioner. 

2.   The above revision has been filed against the order of the State Consumer Disputes Redressal Commission dated 07.02.2024 whereby the order dated 13.09.2022 dismissing the appeal in default was not recalled. 

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3.    The office has submitted report that revision is 480 days’ time barred.  The petitioner has filed IA No.12921/2024 for condoning the delay in filing the revision.  The appeal was dismissed in default by the Order dated 13.09.2022.  The petitioner filed MA No.375/2022 for recalling of the order dated 13.09.2022 which was dismissed on 07.02.2024.  Certified copy of this order was issued on 22.02.2024 and the revision was filed on 02.05.2024.  Therefore from the date of dismissing the M.A. it is within time.  Delay in filing the revision is condoned.

4.       The respondent filed a complaint before the District Forum for claiming compensation due to defect in engine of the bus purchased by the respondent.  After hearing the parties, the District Forum has partly allowed the complaint by judgment dated 25.07.2018 and directed the petitioner to pay Rs.738224/- as compensation with interest and Rs.15000/- as compensation for mental agony and harassment and Rs.5000/- as litigation cost.  The petitioner challenged the aforesaid order in appeal no.1710/2018.  When the appeal was listed for hearing then nobody appears on behalf of the petitioner and the appeal was dismissed in default by order dated 13.09.2022.  MA  No.375/2022 filed by the petitioner was dismissed by the order dated 07.02.2024 holding that the State Commission has no jurisdiction to recall its order.  In the light of the fact that the matter is pending since 2006, we proceed to examine the merit of the order passed by District Forum.  The District Forum after considering the evidence on record has found that the vehicle suffers from mechanical defect and in spite of vehicle being handed over to the petitioner the defect was not cured for a long time therefore the respondent suffered a loss as his contract with the transport department has been cancelled and the compensation has been awarded to the respondent.  The finding of the fact recorded by District Forum does not suffer from any illegality, the petitioner is deliberately delaying the matter.  We do not

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propose to interfere with the order of the Commission below.  The Revision Petition is dismissed.