STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  3400 OF 2017

        (Against the judgment/order dated 18-11-2017 in Complaint Case

                             No.193/2013 of the District Consumer Forum-II, Agra)

          Smt. Nisha Dewan

W/o Sri Rajeev Dewan

R/o 30 Lajpar Kunj, Agra.

                                                                  ...Appellant/Complainant

                                                     Vs.

1. Axis Bank Branch GF-1

3-16, Block 51

Anupam Plaza-II

Opp. Shahid Smarak

Sanjay Palace Agra

Through Branch Manager

2. Bharti Airtel Limited

Regd. Office H-5/12

Qutub Ambience

Mehrauli Road, New Delhi

Through Direcor

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant        :  Sri S K Srivastava, Advocate.

For the Respondent     :                 

Dated : 12-01-2018

                                            JUDGMENT

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

Sri S. K. Srivastava, learned Counsel for the appellant appeared.

I 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 complainant. As such the appeal is disposed of finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No. 193 of 2013 Smt. Nisha Dewan V/s Axis Bank and another has been dismissed on 18-11-2017 by District Consumer Forum-II, Agra in default of complainant.

As the impugned order shows that respondents were not present before District Consumer Forum, therefore, I find no need to issue notices

:2:

to the respondents.

Appellant has shown sufficient reason for her absence on date fixed.

In view of above, I am of the view that appeal should be allowed and exparte order dated 18-11-2017 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 18-11-2017 passed by District Consumer Forum-II, Agra in Complaint Case No. 193 of 2013 Smt. Nisha Dewan V/s Axis Bank and another 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 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 13-02-2018 positively.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT                                                                                    

            Pnt