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Judgment
Present Revision Petition has been preferred on behalf of the Petitioner aggrieved against Order dated 11.05.2026 passed by Ld. State Consumer Disputes Redressal Commission, U.P., Lucknow (hereinafter referred to as 'State Commission'), whereby Appeal No.1477/2024 preferred on behalf of the Appellant/Petitioner herein was dismissed for want of representation.
Ld. Counsel for the Petitioner submits that the Counsel representing the Petitioner failed to appear on the scheduled dates resulting in dismissal of Appeal for want of representation. He points out that the Appeal was dismissed at the preliminary stage itself as the notice was yet to be issued to the Respondents, on account of shortage of postal stamps. Ld. Counsel emphasizes that Petitioner was physically unable to attend the proceedings in person at Lucknow and had entrusted the matter to an Advocate, who had been repeatedly assuring the Petitioner over the telephone that he was pursuing the case, contrary to the factual position on record.
We are of the considered view that absence of the Petitioner to appear in person does not appear to be deliberate or intentional, since he is a resident of District-Mathura, U.P., which is at a considerable distance from Lucknow. Considering the facts and circumstances, the Petitioner cannot be made to suffer for inaction, deliberate omission or misdemeanour of the Counsel and suffer injustice on account of default of appearance by the Counsel.
Consequently, impugned Order dated 11.05.2026 passed by Ld. State Commission is set aside, subject to cost of Rs.2,000/- (Rupees Two Thousand Only), to be deposited by Petitioner in the Legal Aid Account of NCDRC within four weeks. Appeal No.1477/2024 is restored to its original number before Ld. State Commission. Petitioner is directed to appear before Ld. State Commission on 29.10.2026.
Revision Petition is accordingly allowed.
Copy of this Order be forwarded to learned State Commission for information and compliance.