Prakash Machinary Company vs Shyam Bahadur Verma

Heard learned Counsel for the Petitioner.

Perusal of the order of the State Commission dated 13.08.2024 in Appeal No.2018/2015 reveals that on previous occasions in the past, learned Counsel for the Appellant had not appeared before the State Commission as a consequence of  which due to non-appearance on 16.05.2024 as well as on 13.08.2024, learned State Commission dismissed the Appeal in default.

Learned Counsel for the Appellant/Petitioner states that he has been regularly appearing and apparently the consideration made by the

State Commission is on account of certain misconceptions of facts or being misled by the learned Counsel for the Complainant/Respondent.

Having heard learned Counsel for the Petitioner and perused the records, we consider it appropriate to remit the case back to the State Commission subject to the Petitioner/Appellant paying ₹25,000/- to the Complainant/Respondent and depositing costs of ₹35,000/- in the Consumer Legal Aid Account of the State Commission within a period of four weeks.  Subject thereto, the order of the State Commission dated 13.08.2024 in Appeal No.2018/2015 is set aside and the Appeal No.2018/2015 is restored to its original number.

All the parties are directed to appear before the State Commission on 16.01.2025.  On that date, Petitioner/Appellant is directed to produce the proof of deposit before the State Commission.

The learned State Commission is requested to consider the matter as per law preferably within a period of four months.

With these directions, Revision Petition No.2776 of 2024 stands disposed of.

All pending applications, if any, are also disposed of accordingly.