State Commission dismissed the complaint for non-prosecution in default of appearance at the primary stage even prior to the issuance of notice to the respondents.  Since the State Commission does not have the power to review/recall its order, petitioner has filed this appeal seeking setting aside of the impugned order.

Limited notice was issued to the respondent to show cause as to why the impugned order be not set aside and the case remitted back to the State Commission to decide it afresh in accordance with law.

Notice sent to Respondent No.1 has been received back with postal remarks ‘left without address’.  Notice sent to Respondent No.2 has been received back with postal remarks ‘no such firm’.  Notice sent to Respondent No.3 has been received back with postal remarks ‘no such company’.

Since the State Commission had dismissed the complaint even prior to the service of notice on the respondents, we need not wait for service on the respondents and proceed to decide this appeal without service on the respondents. 

Notice issued to the respondents is made absolute.  Impugned order is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law after effecting service on the respondents.

Appellant, through counsel, is directed to appear before the State Commission on 22.1.2013.