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Judgment
Binoy Kumar; Presiding Member
Learned Counsel for the Petitioner submitted that her Appeal filed before the Uttarakhand State Consumer Disputes Redressal Commission, Dehradun (for short ‘State Commission’) was dismissed for non-prosecution and also being barred by limitation by their Order dated 02.07.2024. Learned Counsel for the Petitioner submitted that the Counsel could not appear before the State Commission on 02.07.2024 being in personal difficulty whereas he had appeared on the first date i.e. 30.04.2024.
She further submitted that the absence of the Counsel was not willful or intentional. The matter was fixed on 02.07.2024 before the State Commission for hearing on her Application for condonation of delay. She submitted that this Application needs to be heard on merits.
In view of the submission made, the Revision Petition is remanded to the State Commission which shall hear the Application for condonation of delay on merits subject to cost of Rs.5,000/- to be paid by the Petitioner in the legal aid fund of the State Commission.
The Order of the State Commission dated 02.07.2024 is set aside.
Parties to appear before the State Commission on 11.11.2024.
The Revision Petition is accordingly disposed of.