STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                    APPEAL NO.  1513 OF 2017

        (Against the judgment/order dated 27-07-2017 in Complaint Case

                       No.887/2016 of the District Consumer Forum-II, Lucknow )

          Ramakant Bhardwaj

          S/o Late Babu Ram Bhardwaj

R/o 20A Muneshwar Puram

Badshah Kheda, Alamnagar

District Lucknow

                                                                    ...Appellant/Complainant

                                                     Vs

01.Anil Kumar Pandey

     Up Kand Adhikari

     Dubbaga Power House

     Hardoi Road, Lucknow.

02.Manoj Kumar (T.G.-II)

     Dubbaga Power House

     Hardoi Road, Lucknow.

03.Executive Engineer

     Madhyanchal Vidyut Vitran Nigam Ltd.

     Cess Second, Indralok Colony

     Krishna Nagar, Lucknow    

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant        :  Sri S. Istekhar Hasan, Advocate.

For the Respondent     :                  

Dated : 29-08-2017

                                            JUDGMENT

MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)

Sri S. Istekhar Hasan, learned Counsel for the appellant appeared.

I have heard learned Counsel for the appellant and perused memo of appeal as well as impugned order.

Vide impugned judgment and order the complaint has been dismissed in default of complainant. As such appeal is disposed of finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No. 887 of 2016  Ramakant Bhardwaj V/s Rajya Vidyut Vitran (Executive Engineer),

:2:

Madhyanchal Vidyut Vitran Nigam Limited has been dismissed on 27-07-2017 by District Consumer Forum-II, Lucknow in default of complainant.

As the impugned order shows that respondents were not present before District Consumer Forum, therefore, I find no need to issue  notices to the respondents.

Appellant has shown sufficient reason for his absence on date fixed.

In view of above, I am of the view that appeal should be allowed and exparte order dated 27-07-2017 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 27-07-2017 passed by District Consumer Forum-II, Lucknow in Complaint Case No. 887 of 2016  Ramakant Bhardwaj V/s Rajya Vidyut Vitran (Executive Engineer), Madhyanchal Vidyut Vitran Nigam Limited is set aside. The complaint is remanded back to the District Consumer Forum with a direction to restore it on its original number. After restoration of case the District Consumer Forum shall issue notices to the opposite parties of the case and shall proceed further in accordance with law. The appellant shall appear before the District Consumer Forum on 04-10-2017 positively.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                        ( JUSTICE A H KHAN )

                                                                                                       PRESIDENT

          Pnt