STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1442 OF 2016
(Against the judgment/order dated 04-05-2016 in Complaint Case
No.251/2009 of the District Consumer Forum, Meerut )
Moolchand
S/o Sri Mushaddi Lal
Old No. 175 New 207
Bhopal Singh Marg, Begam Bag
Meerut
...Appellant/Complainant
Vs.
- Executive Engineer
Vidyut Vitran Khand First
Ghantaghar, Meerut.
02.Executive Engineer
Vidyut Vitran Khand Third
Victoria Park, Meerut.
...Respondents/Opposite Parties
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
HON’BLE MRS. BAL KUMARI, MEMBER
For the Appellant : Sri Moolchand appellant in person.
For the Respondent : -
Dated : 16-08-2016
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)
Sri Moolchand appellant is present in person.
Heard. We have perused memo of appeal and impugned order.
Perusal of impugned order shows that Complaint No. 251/2009 Moolchand V/s Executive Engineer, Electricity Distribution Division-I, Meerut and another has been dismissed on 04-05-2016 by District Consumer Forum, Meerut in default of complainant whereas respondent was present before District Consumer Forum.
Appellant has shown sufficient reason for his absence on date fixed.
In view of above, we are of the view that appeal should be allowed and exparte order dated 04-05-2016 should be set aside on payment of cost.
In view of above, the appeal is allowed. Impugned order dated
:2:
04-05-2016 passed by District Consumer Forum, Meerut in Complaint Case No. 251/2009 Moolchand V/s Executive Engineer, Electricity Distribution Division-I, Meerut and another is set aside on payment of cost of Rs.500/-. The complaint is remanded back to the District Consumer Forum with a direction to restore it on its original number. The case shall be restored only after payment of cost of Rs.500/- to the respondent/opposite party by complainant. After restoration of case the District Consumer Forum shall issue notice to the opposite party of the case and shall proceed further in accordance with law. The appellant shall appear before the District Consumer Forum on 26-09-2016 positively.
It is clarified that if the cost is not paid on the date of appearance fixed above, this order shall have no effect.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
( SMT. BAL KUMARI )
MEMBER
pnt
