MR. JUSTICE J. M. MALIK, PRESIDING MEMBER 

1.      Counsel for the petitioner present.

2.      The impugned order runs as follows:

“None is present for the appellant. Perusal of the record and proceeding of the appeal shows that this Commission issued notice dated 24/9/2015 to the appellant by registered post A/D on 5/10/2015 on its same address given in the appeal memo. This Commission received acknowledgment about the service of that notice to the appellant. The said acknowledgment is duly signed by the appellant. The appellant remained absent despite service of notice on last date and today also. The appeal came to be adjourned till this date for appropriate order. Hence, the appeal is dismissed in default.”

3.      It is, thus, clear that the petitioner-OP is not interested in this appeal. The decree was passed against the petitioner as back as on 14-12-2007 where it was ordered to pay Rs.45,000/- along with interest at the rate of 18% per annum from 15-05-2004. The delay is deliberate. The counsel states that he has changed his address. If he has changed his address he should have informed the Commission immediately. Keeping in view all these facts and circumstances and the opposite party is yet to be summoned, we restore the case subject to the following conditions: Firstly, the petitioner will deposit a sum of Rs.1,00,000/- towards the decree with the State Commission which will not be disbursed till the final order is passed and, secondly, the petitioner shall deposit costs of Rs.10,000/- with the Consumer Legal Aid A/c of the concerned State Commission. In case these conditions are complied with, the impugned order would stand set aside and the petitioner is directed to appear before the State Commission on 30-05-2016. The State Commission will dispose of the appeal expeditiously.

4.      Subject to the compliance of above said conditions, the execution proceedings shall stand stayed.

Copy of this order be given dasti to the counsel for the petitioner.