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Judgment
Karuna Nand Bajpayee, Presiding Member
Learned Counsel for the petitioners is present. However, none appeared for the respondents.
Heard the learned counsel for the petitioners and perused the record including inter alia the Order dated 28.03.2011 of the District Commission, Order dated 29.11.2021 of the State Commission and the memo. of revision
This revision petition has been filed, with a reported delay of 1 day, under Section 58 (1) (b) of the Act 2019 in challenge to the Order dated 29.11.2021 in Appeal No. 203 of 2013 of the State Commission Tamil Nadu arising out of Order dated 28.03.2011 of the District Commission in Complaint no. 16 of 2009.
Learned counsel for the petitioners has elaborated upon the reasons and circumstances for filing this petition with delay of one day.
In the wake of the submissions made and the explanation given for the delay and also in order to facilitate arriving at a just conclusion on merits the delay of one day in filing this petition stands condoned.
A perusal of the record shows that the challenge is to an order of the State Commission vide which the appeal was dismissed in default. For better appreciation the impugned Order is quoted hereinbelow:-
“This appeal coming up before us on 29.11.2021 for appearance and for reporting compliance & for arguments and this Commission made the following order in open court:
Docket order
No representation for both. This appeal is posted today for appearance & for reporting compliance & for arguments in list. When the matter was called at 10.30 a.m. the parties were not present hence, passed over and called again at 12.30 pm, then also the parties have not appeared. Hence keeping the appeal pending is of no use as the appellant is not interest in prosecuting the case.
Hence the appeal is dismissed for default. No order as to cost.”
None appears on behalf of the respondents despite service. However, as the matter does not involve any complicated questions of facts or law, the appeal having been dismissed in non-prosecution in the absence of petitioners / appellants, the Bench deems it appropriate to dispose of the matter on the basis of record.
This Commission at this stage does not propose to delve into or touch upon the merits of the case but considering the nature of the dispute and the overall facts and circumstances in their totality and keeping in perspective the explanation proffered for non-appearance it is felt just and conscionable that reasonable opportunity be further provided to the petitioners / appellants for adjudication of its appeal on merit in the State Commission, lest it be left remediless.
As such, in the interest of justice, without making any observations on merits of the case the Order dated 29.11.2021 of the State Commission is set aside and the appeal is restored to its original number before the State Commission.
The petitioners / appellants are sternly advised to conduct their case in the right earnest with due diligence.
The parties shall appear before the State Commission on 28.11.2023. The State Commission is requested to adjudicate the appeal on merit after providing adequate opportunity to all the parties to pursue the matter as per law.
The principal onus of informing the respondents of this instant Order shall be of the petitioners. They shall do so within two weeks from today, without fail, and file proof thereof before the State Commission on or before the next date of hearing before it.
However, if for whatever reason, the respondents do not appear before the State Commission on the date of hearing, the State Commission shall issue notice for requiring their presence in order to proceed in accordance with law in the matter, as directed by this Commission. The State Commission in such a situation may also require the petitioner to take adequate steps in order to facilitate service on the respondents.
The Registry is requested to send a copy each of this Order to all parties in this petition and to the learned counsel for the petitioners as well to the State Commission within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.