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Judgment
Dr. S.M. Kantikar, Presiding Member
We heard the learned counsel for the revision petitioner - opposite party and the learned counsel for the respondent - complainant, and perused the material on record.
The District Forum vide its order dated 22.08.2017 allowed the complaint.
The State Commission vide its Order dated 14.06.2018 dismissed the appeal in default.
The impugned Order dated 14.06.2018 of the State Commission reads as below:
None is present for the appellant. Perusal of the provisos proceeding reflects that this appeal was adjourned till today by way of last chance for hearing before admission by the appellant. The Commission had also observed that notice for the appellant appeared in this matter since the very first date of hearing after filing of this appeal. Today also none for the appellant is present. Therefore, this appeal deserves to be dismissed in default. It be kept back till the end of the board for appropriate order.
In the interest of justice, and for holistic adjudication of the case on merit, the revision petition is allowed, the impugned Order dated 20.05.2019 of the State Commission is set aside and the appeal is restored to its original number and position before the State Commission, subject to cost of Rs. 15,000/- to be paid to the respondent - complainant within four weeks directly in his name by way of 'payee's a/c only' bank draft.
The parties are directed to appear before the State Commission on 20.01.2020.
The State Commission shall ensure before further proceedings that the cost of Rs. 15,000/-be paid to the respondent - complainant.