Heard the Learned Counsel for the Petitioner. Learned Counsel for the Petitioner stated that the State Commission dismissed the Appeal filed by the Petitioner against an ex parte order of the District Forum dated 10.11.2010 with a delay of 90 days. The Petitioner contended that the delay ought to have been condoned in the interest of substantial justice. The State Commission dismissed the Appeal as barred by limitation by three months and ten days for which an application for condonation of delay was filed. The Appellant contended that though the notice was received, it had not reached the legal section of the Appellant Company resulting in delay. The State Commission observed that the reasoning was vague and insufficient and therefore, dismissed the Appeal.

Learned Counsel for the Petitioner argued that the Hon’ble Supreme Court on many occasions held that Consumer Forums ought to take liberal view and condone the delay by imposing fine in the interest of substantial justice. The delay was unintentional and the Respondent had obtained the ex parte order on the basis of a false statement that he had paid the full and final loan amount.

        In view of the averments made by the Learned Counsel for Petitioner, the order of the State Commission is set aside and the matter is remanded to the State Commission for fresh adjudication, subject to the Petitioner paying a cost of Rs.20,000/- to the Respondent in four weeks.     Parties to appear before the State Commission on 22^nd March 2021.