Learned Counsel for the Petitioners submitted that his Appeal filed before the U.P. State Consumer Disputes Redressal Commission (for short ‘State Commission’) against the Order of the Gautam Budh Nagar District Consumer Disputes Redressal Commission was dismissed on 16.01.2024 on ground of default as his Counsel could not appear on that date.  Thereafter, immediately two days after this Order, his Counsel had filed an Application for recall of this Order which was again dismissed by the Order of the State Commission dated 23.08.2024 on the ground that it does not have the power to recall and restore the Appeal/Complaint which was earlier dismissed for non-prosecution.

Heard the arguments of the learned Counsel for the Petitioners and perused the record.  There appears to be a bonafide reason for the matter to be heard on merits by the State Commission.

Accordingly, we remand this matter to the State Commission to hear the matter on merits by restoring the Appeal to its original number.

The Orders of the State Commission dated 16.01.2024 and 23.08.2024 are set aside.

Parties to appear before the State Commission on 17.01.2025.

The Revision Petition is accordingly disposed of.