ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                           UTTAR PRADESH, LUCKNOW       

          A/2081/2023  

Om Prakash Didwania V/s Ansal Properties & Infrastructure Limited and another                  

            14-05-2024

                   BY MR. JUSTICE ASHOK KUMAR, PRESIDENT

                                                 ORDER

This is an appeal filed by the appellant/complainant under Section 41 of the Consumer Protection Act, 2019 against the order passed by the learned District Consumer Commission-II, Lucknow in Complaint Case No. 202/2018 dated 03-02-2023 by which the aforesaid complaint has been dismissed in default of the both the parties.

The appeal has been filed with delay condonation application. Appellant has shown sufficient reasons for the delay in filing the appeal. Cause shown for delay is explained, therefore, the delay in filing the appeal is condoned.

Sri Vijay Pratap Singh, Counsel for the appellant appeared.

            I have heard Counsel for the appellant at the admission stage itself and perused the impugned order as well as record.

            I have also gone through the memo of appeal and have considered the submission made by the Counsel for the appellant. The appellant/complainant has given sufficient reasons for his absence.

            Considering the facts and circumstances of the case the appeal is allowed and the impugned order passed by the District Consumer Commission-II, Lucknow is set aside and the case is remanded back to the District Consumer Commission-II, Lucknow with request to restore the Complaint Case No. 202/2018; Om Prakash Didwania V/s Ansal Properties & Infrastructure Limited and another to its original number and decide the complaint within a period of six months from the date of production of the certified copy of this order in accordance with law. It is made clear that unnecessary adjournments will not be allowed to either of the parties.

            A copy of this order will be served by the appellant before the District Consumer Commission-II, Lucknow within a period of four weeks from today.

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest.

                       ( Justice Ashok Kumar )                               

                                   President                                                  

            Pnt.