Learned counsel for the appellant is present.

         None appears on behalf of the respondent.

         On request and consent of the learned counsel for the appellant, the appeal is taken up for disposal at the stage of admission.

Heard.

       This appeal arises out of CC No. 88 of 2009 of the file of learned District Forum, Dhenkanal. Appellant was the complainant whereas the respondents were the OPs before the learned District Forum.

        It appears that by order dated 30.7.2018 passed by the learned District Forum C.C. No. 88 of 2009 was dismissed for default. Complaint’s application in Misc. Case No. 27 of 2018 for restoration of C.C. No. 88 of 2009 was also rejected. In this appeal prayer has been made by the appellant to set aside the orders of the learned District Forum and to restore C.C. No. 88 of 2009 to file.

         Considering the fact that the appellant/complainant not only filed an application to restore the complaint to file but also has filed this appeal exhibiting willingness to pursue the complaint, we are inclined to restore the complaint in order to afford the consumer/complainant to ventilate his grievance on merit.

        Accordingly, the appeal is allowed, order passed by the learned District Forum dismissing C.C. No. 88 of 2009 as well as order passed by the District Forum in Misc. Case No. 27 of 2018 rejecting the application for restoration are set aside. C.C. No. 88 of 2009 is restored to file.

         As undertaken, the appellant is directed to produce certified copy of this order before the learned District Forum on 15.3.2019 upon which the learned District Forum shall issue notice to the respondents/OPs and proceed to dispose of the complaint on merit after giving an opportunity of being heard to the parties so as to ensure disposal of the complaint by the end of June, 2019.