This revision petition is directed against the order of the State Commission dated 01-07-2013 whereby the First Appeal preferred by the petitioner against the order of the District Forum was dismissed for non-prosecution. The impugned order reads thus: ppellant Vijay Kumar Jangid as well as his counsel Shri P.N. Sonpethkar & P.N. Kalani are absent. Adv. Shri R.P. Mugdia for respondent is present. The record reflects that the appellant as well as his counsel are absent since 07-01-2013 though the matter was adjourned four times from time to time. On 22-03-2013 cost of Rs.500/- was also saddled on the appellant, but neither he has deposited the amount of cost nor remained present. On last date the matter was adjourned till today by way of last chance, but nobody for the appellant is present today. Therefore, there is no alternative except to dismiss the appeal for default. Hence it be recalled at 12.30 p.m. for order. Matter is recalled at 12.30 p.m. but nobody for the appellant turn up. Adv. Shri Mugdia for respondent is present. Hence the appeal is dismissed for default. No order as to cost. Learned counsel for the petitioner states that absence of the petitioner on relevant dates of hearing before the State Commission was unintentional. The petitioner was under the impression that his lawyer would put in appearance. The lawyer, however, failed to put in appearance on four dates of hearing without any knowledge on the part of the appellant. It is contended that the petitioner should not be punished for lapse on the part of his counsel and if the order is not set aside, grave injustice would be caused to the petitioner. Ms. Manjusha Wadhwa, learned counsel for the respondent, on the contrary, has opposed the revision petition. She has contended that even the affidavit of the concerned lawyer who was engaged by the petitioner for appeal has not been filed. Thus, she prays for dismissing the revision petition. We have perused the record. On going through the nature of the complaint and the order of the District Forum as well as of the State Commission, we set aside the impugned order subject to cost of Rs.20,000/- to be paid by the petitioner to the respondent in the interest of justice. The appeal is restored and the matter is remanded back to the State Commission with direction to dispose of the appeal on merits. Parties to appear before the State Commission on 11-03-2014. It is made clear that the State Commission shall hear the appeal only if the conditional cost is paid to the respondent.