R S Singh vs Shailesh Kumar Gupta

COUNSEL for the petitioner present. Arguments heard. The State Commission passed the following order: - "The present case is listed. None appeared for parties. This appeal is filed against the order dated 29.07.2010 passed by the District Forum, Kanpur in Complaint No. 322/2005. Appellant is not present from many dates. Therefore, it is clear that the Appellant is not interested to pursue this appeal. Therefore, on the account of appellant''s absence, this Appeal is liable to be rejected. Order The Appeal is dismissed".

THE order passed by the State Commission is not clear whether the respondent has been served or he was present. Consequently, we have no option but to set aside the order passed by the State Commission. Counsel for the petitioner states that he was not aware of this case. He does not utter a word about the petitioner Dr.R.S.Singh, who has filed this case. The counsel for the petitioner is silent about the fact that why the counsel did not appear before the State Commission on the date fixed.

HOWEVER , in the interest of justice, we set aside the order passed by the State Commission and remand the case, for its disposal as per Law, before the State Commission subject to payment of Rs.5,000/ - as costs, which will be deposited with the Consumer Legal Aid Account of this Commission, within a period of one month. We have not issued the notices to the respondents because it is not clear from the impugned order. The State Commission will issue the notice to the respondents as per Law. The respondents should be served.

PETITIONER is directed to appear before the State Commission on 15.04.2015. The State Commission will summon the respondents and see to it that the order of this Commission regarding costs has been complied with and decide the case on merits. The copies of this order be served to the respondents.

THE Revision Petition stands disposed of.