The Office has submitted a report that the appeal has been filed with delay of 116 days. The Appellant has filed IA/7378/2024 for condoning the delay in filing the appeal. In the IA, it has been stated that the after passing the order dated 26.10.2023, the Appellant filed MA/458/2023 on 27.10.2023 for recalling the order dated 26.10.2023. However, MA was rejected by the State Commission vide order dated 14.02.2024 and thereafter the Appellant collected the papers from the Counsel at Lucknow and approached the Counsel for filing the appeal in Delhi. The appeal was prepared and it was filed on 15.04.2024, later on the Appellant obtained the certified copy of the order dated 26.10.2023 and it was filed on 15.05.2024. The cause shown is sufficient. The delay in filing the appeal is condoned. IA/7378/2024 is allowed. Appeal The above appeal has been filed against the order of State Consumer Disputes Redressal Commission, U. P. dated 26.10.2023, dismissing the complaint in default of the Counsel for the Complainant. It has been stated that due to mistake the clerk has noted wrong date i.e. 26.11.2023, although in the complaint 26.10.2023 has been fixed, but, the Counsel for the Complainant has noticed listing of the complaint on 26.10.2023, however he had to attend a case in the High Court, therefore, after attending the case in the High Court, he went to the State Commission and by the time he could reach the State Commission, the complaint was already dismissed in default. Immediately, thereafter the MA/458/2023 was filed on 27.10.2023. Cause shown for default is sufficient. Order dated 26.10.2023 is liable to be set aside. Order In the result, the appeal is allowed, order dated 26.10.2023 is set aside and CC/131/2015 is restored to its original number. The Appellant is present before this Commission. The Appellant shall appear before the State Commission along with certified copy of this order on 03.07.2024. Thereafter, the State Commission shall fix a date according to its own convenience and proceed in the matter. |