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Judgment
Karuna Nand Bajpayee, Presiding Member
This First Appeal has been filed 51(1) of The Consumer Protection Act, 2019 in challenge to the Order dated 18.01.2022 passed by the State Commission in Interlocutory Application No. 413 of 2021 in C.C. No.494 of 2017.
The present appeal has been filed with delay. In the interest of justice, inter alia considering the reasons mentioned in the application for condonation of delay, in order to decide the matter on merit rather than to dismiss it at the threshold of limitation, the delay involved in filing the appeal stands condoned.
To facilitate better appreciation, it may be apt to quote the impugned Order dated 18.01.2022 which reads as below:
PRESENT:
Dated: 18 Jan 2022
ORDER
Order No. 17
None appears on behalf of Complainant. In view of earlier observation the case is dismissed for non-prosecution. IA is also rejected and disposed off.
Heard the learned counsel for the appellant / complainant and for the respondent / opposite party and perused the record including inter alia the impugned Order dated 18.01.2022 of the State Commission and the memorandum of appeal.
Learned counsel appearing for the appellant / complainant has tried to explain the circumstances which lead to the non-appearance on behalf of the appellant in the State Commission on the dates fixed and which lead to the dismissal of the complaint. Learned counsel has also emphasised on the havoc that had been created by Covid-19 pandemic. Learned counsel who was representing the appellant / complainant in the State Commission had been suffering from Coviv-19 and remained under treatment. Submission is that the appellant / complainant has a good case on merit and the complaint has been dismissed in non-prosecution by the State Commission. The merits of the case have remained un-adjudicated. Submission is that if the opportunity of hearing would not be granted to the appellant / complainant to contest its case on merits before the State Commission, then the appellant shall suffer irreparable loss and shall also be left remediless.
Learned counsel appearing for the respondent / opposite party submits that there was sufficient opportunity given to the appellant / complainant but it did not appear before the State Commission on the dates fixed, therefore, the impugned Order may not be interfered with.
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 State Commission, in the light of the submissions made by the learned counsel for the appellant / complainant and in view of the totality of the facts and circumstances of the case, this Bench feels it expedient to give a further opportunity to the appellant / complainant to appear and contest its case on merits before the State Commission. The impugned Order dated 18.01.2022 is hence set aside and the present First Appeal is allowed and the same is remitted back to the State Commission with the request to decide the same on merits after giving opportunity of hearing to the both the sides to pursue its case on merits.
The parties are directed to appear before the State Commission on 15.02.2024
The appellant / complainant 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 appellant / complainant 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 first appeal and to their respective learned counsel as well as to the State Commission within three days from today. The stenographer is requested to upload this Order on the website of this Commission within three days.