DURGAPPA RAJARAM BAILPATTAR vs GENERAL MANAGER, BAJAJ AUTO LTD.

THE challenge in this Revision Petition is directed against the Order dated 22.5.1995 passed by the State Commission, Maharashtra, dismissing an appeal filed by the revision petitioner herein on the sole ground that none appeared for the appellant and hence the appeal would stand dismissed for want of prosecution. This Commission has repeatedly laid down that it is not open to the Appellate Authority functioning under the Consumer Protection Act, 1986, to dismiss an appeal without entering into merits of the case merely on the ground that the appellant was not present when the appeal was taken up for hearing by it. THE order impugned has been passed clearly in violation of the principle aforementioned. THE impugned order is, therefore, set aside and the appeal is remanded to the State Commission for de novo disposal on the merits after affording a fresh opportunity to both sides to appear and place their submissions. THE revision petition is allowed as above. THE parties will bear their respective costs. Revision petition allowed.