STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1513 OF 2015
(Against the judgment/order dated 18-06-2015 in Complaint Case
No.238/2011 of the District Consumer Forum, Sultanpur )
Jitendra Bahadur Singh
S/o Ram Anjor Singh
R/o Vinayakpur, Pargana Meeranpur
Tehsil Sadar, District Sultanpur
...Appellant/Complainant
Vs.
- Branch Mnager
Axis Bank Limited
Near Bus Station
Sultanpur
02.Manager, Axis Bank Limited
Near Bus Station, Faizabad
...Respondents/Opposite Parties
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
HON’BLE MRS. BAL KUMARI, MEMBER
HON’BLE MR. VIJAI VARMA, MEMBER
For the Appellant : Sri O P Dwivedi, Advocate.
For the Respondent : -
Dated : 09-11-2016
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)
Sri O P Dwivedi, learned Counsel for the appellant appeared.
Heard learned Counsel for the appellant on amendment application. Amendment application is allowed. Let amendment be incorporated today.
Amendment was incorporated in memo of appeal.
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.
Perusal of impugned order shows that Complaint No. 238/2011 Jitendra Kumar Singh V/s Branch Manager, Axis Bank Limited, Sultanpur and another has been dismissed on 18-06-2015 by District Consumer Forum, Sultanpur in default of complainant whereas respondents were 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 18-06-2015 should be set aside on payment of cost.
In view of above, the appeal is allowed. Impugned order dated 18-06-2015 passed by District Consumer Forum, Sultanpur in Complaint Case No. 238/2011 Jitendra Kumar Singh V/s Branch Manager, Axis Bank Limited, Sultanpur and another 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 case shall be restored only after payment of cost of Rs.500/- to the respondent/opposite party by complainant. After restoration of case the District Consumer Forum shall issue notices to the opposite parties of the case and shall proceed further in accordance with law. The appellant shall appear before the District Consumer Forum on 07-12-2016 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 appellant positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
( SMT. BAL KUMARI )
MEMBER
( VIJAI VARMA )
MEMBER
Pnt
