1.       This revision petition has been filed under Section 58 (1) (b) of the Act 2019 in challenge to the Order dated 08.10.2018 in Appeal No. 142 of 2014 of the State Commission Delhi arising out of Order dated 16.12.2013 of the District Commission in Complaint no. 778 of 2013.

2.       A perusal of the record shows that the challenge is to an order of the State Commission vide which the appeal was dismissed for non-prosecution.

3.       Heard the learned counsel for the parties and perused the record including inter alia the Order dated 16.12.2013 of the District Commission, Order dated 08.10.2018 of the State Commission and the memo. of revision.  

4.       For better appreciation the impugned Order is quoted hereinbelow:-

          “No one has appeared on behalf of the appellant despite awaiting.

          Perusal of the order-sheet shows that even for the past two dates of hearing also no one had appeared for the appellant i.e. 14.07.2017 and 30.01.2018.

The order under challenge is dated 16.12.2013 passed by the Ld. District Forum in favour of respondent/complainant. Perusal of said order shows that even before the District Forum the appellant/OP did not file written statement and their right was closed. Appellant/OP also did not file evidence by way of affidavit before the District Forum.

                 Since appellant has failed to appear today, present appeal stands dismissed for non-appearance.

                 File be consigned to Record Room. ”

5.       Learned counsel for the petitioner has elaborated upon the reasons and circumstances for filing this petition with delay. He has also tried to elaborate upon the merits of the case as well as upon the circumstances which prevented the petitioner / appellant and its counsel from appearing in the State Commission.  It has been contended that if opportunity be provided to pursue the appeal on merits and of being heard there are fair prospects of this appeal being allowed by the State Commission or else the petitioner / appellant shall be left remediless and its cause shall suffer irreparably. 

          Learned counsel for the respondent has been gracious enough to submit in all fairness that she has no objection if the matter is remanded back to be heard and decided on its merits after providing a further opportunity to the petitioner of being heard provided a reasonable cost is imposed.

6.       This Commission at this stage does not propose to delve into or touch upon the merits of the case but considering the nature of the dispute and the overall facts and circumstances in their totality and keeping in perspective the explanation proffered for non-appearance, it is felt just and conscionable that reasonable opportunity be further provided to the petitioner / appellant for adjudication of its appeal on merit in the State Commission, lest it be left remediless.

7.       As such, in the interest of justice, without making any observations on merits of the case  the Order dated 08.10.2018 of the State Commission is set aside  and the appeal is restored to its original number before the State Commission subject to cost of Rs. 25,000/- to be paid to the respondent.   

The petitioner / appellant is sternly advised to conduct its case in the right earnest with due diligence.

8.     The parties shall appear before the State Commission on 29.01.2024. The State Commission is requested to adjudicate the appeal on merit after providing adequate opportunity to both the parties to pursue the matter as per law.

9.     The Registry is requested to send a copy each of this Order to all parties in this petition and to their learned counsel as well to the State Commission within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.