days delay in filing the present appeal is condoned. Heard the learned counsel for the parties. The order under challenge is dated 07.04.09 passed by the Orissa State Consumer Disputes Redressal Commission, Cuttack (in short, the State Commission’) in C.D. Case No. 248/93 which reads as under:- ..2.. “ When the matter is called for hearing, none appears for the complainant to pursue this case which has come on remand for fresh disposal in view of the order of the Hon’ble National Commission. It appears that the complainant is no more interested to pursue the matter. Hence, we dismissed the complaint for non-prosecution.” 2. The appellant has filed an affidavit and has explained the circumstances why he and his counsel could not appear before the State Commission when the complaint came up for hearing on 07.04.09 after it was remained back by this Commission for retrial. Considering the circumstances explained in the affidavit and in the interest of justice, we allow the present appeal, set aside the impugned order dismissing the complaint in default and direct the State Commission to dispose of the complaint in accordance with law and as per the directions given by this Commission expediently which will be subject to payment of costs of Rs.2,500/- to the respondent/opposite party. The first appeal stands disposed of accordingly. Parties are directed to appear before the State Commission on 14.05.10 for further proceeding in the complaint.