INTERGLOBE AVIATION LIMITED vs Ramjas Bishnoi

LEARNED counsel for the petitioner present. None is present for the respondents. On the other hand, we have received a letter from the respondent that he cannot appear in the Commission because of illness. It appears that the notice was wrongly served upon the respondent. The order passed by the State Commission is reproduced as hereunder: "Before Hon''ble Mr. Sashi Parikh Presiding Officer Hon''ble Smt. Sunita Raka Member No one is present today on behalf of the appellant. On previous date also no one was present. Appeal is dismissed in default. Money deposited be returned to the appellant. Sd/ - (Illegible) Seal Member Presiding Officer State Consumer Disputes Redressal Commission, Rajasthan, Jaipur"

THE appeal is yet to be admitted.

RESPONDENT need not appear until he receives summons. Learned counsel for the petitioner submits that before the State Commission, counsel noted the wrong date. It shows negligence, inaction and passivity on the part of the counsel. Learned counsel for the petitioner wants to produce the diaries. Diaries can be manipulated later on. It is surprising to note that the impugned order also mentions that on the previous date also, no one was present.

HOWEVER , in the interest of justice, we restore the appeal, subject to depositing the entire decretal amount with the State Commission within a period of four weeks from today. The petitioner shall also pay a sum of Rs.5,000/ - as costs, which be deposited with the Consumer Legal Aid Account of this Commission. The petitioner is directed to appear before the State Commission on 15.5.2015. The State Commission would require him to show the receipts on both counts and after satisfying itself that the costs have been paid, the State Commission will decide the case as per law. The amount already deposited shall stand adjusted.

THE revision petition stands disposed of.