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Judgment
Karuna Nand Bajpayee, Presiding Member
This Revision Petition has been filed under Section 21(b) of The Consumer Protection Act, 1986 in challenge to the Order dated 30.12.2020 passed by the State Commission in First Appeal No. 1482 of 2011 arising out of the Order dated 01.07.2010 of the District Commission in the complaint no. 154 of 2007.
For better appreciation of the matter, the impugned Order dated 30.12.2020 may be quoted herein below:
30.12.2020 THROUGH VIDEO CONFERENCING
None for the appellant.
Shri Vikas Rai, learned counsel for the respondent.
This case is being adjourned from time to time but no one appeared for the appellant.
On 27.12.2019, Ms. Rashmi Chhabadiya, Advocate appeared and undertook to file vakalatnama on behalf of appellant but today also none appeared for the appellant.
Dismissed for want of prosecution.
Heard the learned counsel for the petitioner and also for the respondent. Perused the record including inter alia the impugned Order 30.12.2020 passed by the State Commission, the Order dated 01.07.2010 passed by the District Commission and the memo of petition.
Learned counsel for the petitioner has tried to explain the circumstances which resulted in the non-appearance of the representing counsel of the petitioner / opposite party on the date fixed before the State Commission. It has also been submitted that the opportunity may be provided to the petitioner / opposite party to argue its case on merits before the State Commission otherwise, the petitioner shall suffer irreparable loss and shall be left remediless.
Without making any observation about the merits of the case, lest, the same may cause any prejudice to either side and colour the vision of the fora below, in the light of the submissions made by the learned counsel for the petitioner and in view of the totality of the facts and circumstances of the case, this Bench feels it expedient to give a further opportunity of hearing to the petitioner to appear and contest its case before the State Commission. The impugned Order dated 30.12.2020 is hence set aside and the present revision petition is allowed and the same is remitted back to the State Commission with the request to decide the same on merits after affording opportunity of hearing to the petitioner / opposite party, subject to the cost of Rs.50,000/- to be paid by the petitioner / opposite party to the respondent / complainant directly or through the State Commission on or before the date fixed, without fail.
The parties are directed to appear before the State Commission on 30.11.2023.
If the direction regarding the cost is not complied with as stipulated, the impugned Order dated 30.12.2020 passed by the State Commission shall stand as it stood.
The petitioner is advised to peruse its appeal in the State Commission in right earnest. It may be observed that in case on the date fixed for hearing or on any future date, the petitioner fails to appear before the State Commission personally or through its counsel or authorized representative, the State Commission may proceed with the matter as it may deem fit in its wisdom in accordance with law.
The Registry is requested to send a copy each of this Order to the parties in the petition and to their respective learned counsel as well as to the fora below within three days. The stenographer is requested to upload this Order on the website of this Commission within three days.