Arun Kumar Goel (Retd.), President—This appeal is directed against the order dated 9.9.2004 passed by learned District Forum, Hamirpur, in M.A. No. nil in Consumer Complaint No.11 of 1996. By means of impugned order, application filed by the appellant for restoration of the application for revival of the above complaint was dismissed there by upholding the order of dismissal of revival application dated 12-9-2002 passed by the said Forum.

2. Facts regarding which learned Counsel for the parties were not at variance need to be briefly noted for disposal of this appeal. Consumer Complaint No. 11/1996 was filed by the appellant against the respondent. Latter was set ex parte in this case and thereafter on 31.5.1996, he was directed to remove the deficiency in service by paying the money due to the appellant in the 4 Fixed Deposit Receipts (F.D.Rs.) with interest @ 18% per annum alongwith Rs. 1,000/- by way of costs. Respondent felt aggrieved by and dissatisfied with this order. He preferred Appeal No. 279/1999 before this Commission and vide its order dated 23-5-2000 in this appeal, it was allowed in the following terms:

“For the reasons aforementioned, this appeal is allowed.