S.V.Gangapurwala, J. - (1.) Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, taken up for final hearing.
(2.) The Appeal filed before the Maharashtra State Consumer Dispute Redressal Commission, Aurangabad [ For short, ' Commission ' ] is dismissed for non prosecution as the Advocate of the petitioners was absent.
(3.) Mr. Shinde, learned counsel for the petitioners submits that on 19/07/2013, all the parties were absent. The Court ordered issuance of notice to the parties, however, no notices were issued to the parties and on 19/11/2013, the matter is dismissed. The Court can not dismiss the Appeal on merits in absence of the parties or their counsel. According to the learned counsel, on one hand the Commission directed issuance of notice to the parties, however without issuing notice, the same is dismissed on the returnable date.;