SARAN MOTORS PVT LTD Vs. M SWAMIDAS

JUDGEMENT

(1.) THE Revision Petitioner herein was the Appellant before the State Commission, Tamil Nadu, in A.F. No. 303 of 1992 on its file. That appeal was dismissed for default of appearance of the appellant as per the Order of the State Commission dated the 7th August, 1992. While dealing with similar orders passed by some of the State Commissions, we have had occasion to point out that even if the appellant remains absent at the time when an appeal is taken up for hearing, there is a mandatory duty on the Appellate Authority functioning under the Consumer Protection Act to look into the appeal petition and the connected records and pass orders in the appeal on the merits. It is not proper to expect that a consumer who has filed the appeal should necessarily come all the way to the headquarters of the State Commission for addressing oral arguments in supplementation of what he has already submitted in the appeal petition. The dismissal of the appeal petition by the State Commission on the ground of default of appearance, under the impugned Order was, therefore, not legal or proper. We set aside the Order of the State Commission and remand the appeal to the State Commission, Tamil Nadu, for fresh disposal on merits after issuing fresh notices to the appellants as well as to the respondents intimating them about the date on which the appeal is proposed to be taken up for hearing. The Revision Petition is allowed to the extent indicated above. The parties will bear their respective costs.