ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW

APPEAL NO. 902 OF 2023   

Kamlesh Kumar Saini Vs ABC Computers

BEFORE:

1. HON’BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

2. HON’BLE MR. VIKAS SAXENA, MEMBER

Dated : 05-11-2024 

ORDER

BY HON’BLE MR. VIKAS SAXENA, MEMBER

This is an appeal filed by the appellant against the impugned order dated 19-04-2023 passed by the Learned District Consumer Commission First, Lucknow in Complaint Case No. 435/2019 by which the aforesaid complaint has been dismissed for non-appearance of the appellant/complainant.

Sri Akhilesh Trivedi, learned counsel for the appellant appeared. 

We have heard learned counsel for the appellant at the admission stage itself and perused the impugned order as well as record.

We have also gone through the memo of appeal and have considered the submission made by learned Counsel for the appellant. The appellant has given sufficient reasons for his absence.

Seeing the peculiar facts and circmstances, we are of the opinion that an opportunity ought to have been afforded to the

appellant/complainant to submit his complete evidence and to pursue his case before the Learned District Consumer Commission on merit.

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The order impugned passed by the Learned District Consumer Commission is hereby set-aside. The Learned District

Consumer Commission is requested to restore the complaint case no. 435/2019; Kamlesh Kumar Saini Vs ABC Computer Shop & Others to its original number and deciding the same after providing an opportunity of hearing to the parties positively  within a period of one year from today. It is made clear that unnecessary adjournments will not be allowed to either of the parties by the Learned District Consumer Commission.

A copy of this order will be served by the appellant before the Learned District Consumer Commission First, Lucknow within a period of three weeks from today.        

          Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest.       

 (JUSTICE ASHOK KUMAR)                               (VIKAS SAXENA)                        

              PRESIDENT                                           MEMBER                                                                                                                                                                                                                                                                     

Ashish

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