STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                      APPEAL NO. 1468 OF 2016

        (Against the judgment/order dated 20-09-2013 in Complaint Case

             No. 28/2010 of the District Consumer Forum, Azamgarh )

Brijesh Singh and others

                                                                       ...Appellants/Complainants

                                                     Vs.

Allahabad Bank 

                                                                        ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Sri Anil Kumar Misra, Advocate.

For the Respondent     :                 -

Dated : 29-07-2016

                                                  JUDGMENT

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

Sri Anil Kumar Mishra, Learned Counsel for appellants appeared. Heard learned Counsel for appellants. We have perused memo of appeal and impugned order. Appeal is within time.

Admit and register appeal.        

Perusal of impugned order shows that Complaint No. 28/2010 Brijesh Singh and others V/s Allahabad Bank has been dismissed on 20-09-2013 by District Consumer Forum, Azamgarh in default of complainant.

As the impugned order shows that respondent was not present before District Consumer Forum, therefore, we find no need to 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 20-09-2013 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 20-09-2013 passed by District Consumer Forum, Azamgarh in Complaint Case No.28/2010 Brijesh Singh and others V/s Allahabad Bank 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

:2:

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 29-08-2016 positively.

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