Heard learned counsel for the petitioner. Learned State Commission dismissed appeal by impugned order dated 24.08.2012 as the appellant did not appear before the State Commission on that day and also observed that no explanation has been given about 145 days delay in filing the appeal. Perusal of order reveals that notices were issued to respondents of the memo of appeal as well as application for condonation of delay and in such circumstances, learned State Commission should not have observed that there was no explanation about inordinate delay of about 145 days without hearing other party as notices had already been issued to OPs. It appears that basically the appeal was dismissed in default for none appearance on behalf of the appellant on 16.04.2012. In the interest of justice, we deem it proper to restore the appeal so that it may be decided on merits along with application for condonation of delay. Consequently, the revision petition filed by the petitioner is allowed and the impugned order dated 24.08.2012 passed by the State Commission in F.A. no. A/10/134 Shri Gajendra Rambhau Barabde vs. Yamah Motor India Private Ltd. & Anr. is set aside subject to depositing Rs.2,000/- as cost with the Consumer Legal Aid of this Commission within a month and the appeal is restored and the matter is remanded back to the State Commission for deciding application for condonation of delay after giving an opportunity of being heard to both the parties. Petitioner is directed to appear before the State Commission on 11.02.2013.