ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  1227 OF 2018

            (Against the order dated 22-08-2017 in Complaint Case

                         No.182/2007 of the District Consumer Forum-II, Agra)

          Naveen Sharma

S/o Sri Lalta Prasad Sharma

R/o M.I.G. A-194

Shashtripuram Yojna

Sikandara, Agra

                                                                  ...Appellant/Complainant

                                                     Vs.

Agra Development Authority

Agra, U.P.

Through its Secretary

Jaipur House Colony

Agra

                                                                  ...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 : 02-07-2018

                                            ORDER

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 the complainant. As such the appeal is disposed of

finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No.182 of 2007 Naveen Sharma V/s Agra Development Authority has been dismissed on 22-08-2017 by District Consumer Forum-II, Agra in default of complainant. As the impugned order shows that respondent was not present before District Consumer Forum, therefore, we find no need to

:2:

issue notice to the respondent.

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 22-08-2017 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 22-08-2017 passed by District Consumer Forum-II, Agra in Complaint Case No. 182 of 2007 Naveen Sharma V/s Agra Development Authority 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 notice to the opposite party of the case and shall proceed further in accordance with law. The appellant shall appear before District Consumer Forum on 21-08-2018 positively.

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