AU FINANCIERS (INDIA) LTD Vs. NITIN SHRINIWAS SOMANI

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission dated 01.09.2015, whereby the said Commission dismissed the appeal filed by the petitioner Company against the order of the District Forum dated 17.12.2014, as barred by limitation. There was a delay of 189 days in filing the said appeal and the State Commission declined to condone the said delay. We have heard the learned counsel for the parties.

(2.) The petitioner Company has filed an affidavit stating therein that the order of the District Forum dated 17.12.2014 was never received by them and that they came to know of the aforesaid order only on receipt of the notice of execution application dated 09.06.2015 from the Advocate of the complainant. The appeal before the State Commission came to be filed on 24.07.2015.

(3.) There is no document before us evidencing service of the order of the District Forum upon the petitioner Company. In these circumstances, we see no reason to disbelieve the affidavit filed on behalf of the petitioner Company. We, therefore, set aside the impugned order, subject to payment of Rs. 10,000/- as cost to the complainant. The parties are directed to appear before the State Commission on 30.03.2016. Subject to payment of the cost to the complainant/respondent on or before that date, the State Commission shall proceed to hear and decide the appeal on merits. We also request the State Commission to decide the appeal within three months of the parties appearing before it.