(1) None is present on behalf of the petitioner. Learned counsel for the petitioner has moved an application for adjournment on the ground that he can not attend the Commission because of a family function and has to go to Mumbai. (2) Respondent No. 1 has filed reply but none is present on behalf of respondent no. 1 and 2. Respondent no. 2 and 3 are served but they have not appeared. Under these circumstances, the case is being decided in their absentia. (3) The State Forum passed the order of dismissal of this complaint in default on 05.12.2011. The said order is reproduced as follows: ppellant as well as its counsel are absent. Adv. Pande for Resp. No. 1 is present. Respondent No. 2 & 3 and their counsel are absent. Record reflects that the appellant as well as his counsel are absent since long. Therefore, the appeal deserves to be dismissed in default. Accordingly the appeal is dismissed in default. No order as to costs. Delivered on 05/12/2011 (4) It is stated by the petitioner that the Office of State Commission Bench, Nagpur was not functioning regularly due to non-availability of the members and for other reasons continuously for the period of more than two years. Surprisingly, on 27.02.2012, the petitioner received one article under posting certificate which was sent by Office of State Commission, Nagpur. The petitioner came to know that his case was dismissed in default. (5) On the other hand, in its reply respondent no. 1 has submitted that he was present before the State Commission on 05.12.2012. It is submitted that appellant and his counsel were not diligent and they remained absent, therefore, the order passed by the State Commission is legal. It is also pointed out that it is no part of the duty of the State Commission to issue notice again to the appellant regarding the fixation of date for final arguments. (6) We have considered the submissions made by both the parties. The petitioner should have appeared before the State Commission particularly when the counsel for the respondent no. 1 was present. It clearly shows the negligence and inaction on the part of the petitioner. However, in the interest of justice, we restore the appeal pending before the State Commission subject to payment of Rs. 10,000/- as costs which be deposited with the Consumer Legal Aid Account of this Commission. (7) All the parties are directed to appear before the State Commission, who will decide the appeal as per law after giving opportunities to all the parties after satisfying that the above said costs stand paid by the petitioner before this Commission. Its receipt be produced before the State Commission. The case is fixed before the State Commission on 22.11.2012. Registry is also directed to send the copies of this order to all the parties.