Counsel for the parties heard.  There is a delay of 219 days.  Counsel for the parties heard on the point of delay.  This matter was dismissed by the State Commission on 25.07.2011 in default.  The petitioner was under the impression that it can be restored by the State Commission therefore, an application for restoration was moved by the petitioner on 11.08.2011, which is still pending.  However, the counsel for the petitioner states before this Commission that he would withdraw the same on the next date of hearing.  Since thereafter, the Supreme Court authority came, which clearly stated that the State Commission has no power to restore the same.  Therefore, the petitioner appeared before this Commission.  Consequently, the delay stands satisfactorily explained. 

Keeping in view all the facts and circumstances, we hereby allow the application, condone the delay and restore the matter before the State Commission subject to the petitioner paying cost of Rs. 5000/- half of which will go to the respondent and half will be deposited with the Consumer Legal Aid Account of this Commission. 

Parties are directed to appear before the State Commission on 16.08.2012.  The State Commission is directed to decide the case on merits after satisfying that the cost has been paid.

Order be given dasti to both the parties at 5.00 P.M.