ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  1025 OF 2018

            (Against the order dated 18-10-2016 in Complaint Case

                         No.113/2011 of the District Consumer Forum-II, Agra)

          Dr. D C Goyal

Karta & Manager

M/s Dinesh Chand & Sons

At 98-A, Old Vijay Nagar Colony

Agra

                                                                  ...Appellant/Complainant

                                                     Vs.

Agra Development Authority

Agra, U.P.

Through its Vice Chairman

                                                                  ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the Appellant        :  Sri Sanjay Kumar Verma, Advocate.

For the Respondent     :                 

Dated : 31-05-2018

                                            JUDGMENT

MR. JUSTICE A. H. KHAN, PRESIDENT 

Sri Sanjay Kumar Verma, learned Counsel for the appellant appeared.

We have heard learned Counsel for the appellant and perused memo of appeal as well as impugned order. The appeal is within time.

Admit and register appeal.

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

Perusal of impugned order shows that Complaint No. 113 of 2011 Dr. D. C. Goyal V/s Agra Development Authority has been dismissed on 18-10-2016 by District Consumer Forum-II, Agra in default of complainant whereas opposite party was present before District Consumer Forum.

:2:

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 18-10-2016 should be set aside on payment of cost.

In view of above, the appeal is allowed. Impugned order dated 18-10-2016 passed by District Consumer Forum-II, Agra in Complaint Case No. 113 of 2011 Dr. D. C. Goyal V/s Agra Development Authority 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 complainant shall deposit cost of Rs.500/- before District Consumer Forum on date fixed in this judgment. Thereafter case shall be restored on its original number and notice shall be issued to the opposite party by District Consumer Forum for proceeding further in accordance with law. The appellant shall appear before District Consumer Forum on 16-07-2018 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

                                                                      (MAHESH CHAND )

                                                                                      MEMBER                                                                                   

            Pnt