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Judgment
This appeal under section 51(1) of The Consumer Protection Act, 2019 is in challenge to the Order dated 12.03.2020 of the State Commission in complaint no. 239 of 2017.
We have heard the learned counsel for the appellants (the ‘opposite parties’ before the State Commission) and for the respondent (the ‘complainant’ before the State Commission) and have perused the record including inter alia the State Commission’s impugned Order dated 12.03.2020.
Learned counsel for the opposite parties submits that the appeal impugns an interlocutory order of the State Commission vide which the State Commission dismissed the application to condone the delay in filing their written version. Learned counsel further submits that the complaint before the State Commission has since been dismissed in default and as such the said interlocutory order does not survive. He submits that he wishes to withdraw the appeal with liberty to file it again in the contingency if the complaint is restored.
Learned counsel for the complainant submits that the State Commission has dismissed the complaint in default but the complainant is taking steps to move for restoration.
In the wake of the above submissions the appeal appears to have been rendered infructuous and the same is dismissed as such. However, if, for whatever reason, the complaint is restored, the opposite parties shall have liberty to file appeal before this Commission within 30 days of the date of restoration of the complaint.
The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel within three days. The stenographer is requested to upload this Order on the website of this Commission today itself.