Present: Shri Ritesh Khare, Counsel for the Appellant.
FA-83/15
The appellant herein was the complainant before the District Forum. He had filed a Complaint Case No.399/2015 against the respondent No1 herein i.e. OP before the District Forum which was dismissed in default on 4.2.15.
It is the aforesaid order which is challenged before us.
Ld. Counsel for the appellant has submitted that the complaint was at the consideration stage and no notice was yet issued to the respondents/OPs and due to non-appearance, it has been dismissed on aforesaid date.
We are not issuing any notice to respondents as the respondents were not yet served before the District Forum.
We have heard the Ld. Counsel for appellant as well as gone through the reasoning given by the appellant for the non-appearance on 4.2.15. In view of the reasoning given, we set aside the impugned order and restore the complaint to its original position.
The appellant/complainant shall appear before the District Forum on 11.5.15.
The District Forum shall further proceed in the matter in accordance with law.
A copy of this order be sent to the concerned District Forum to keep it on complaint file and for compliance. Thereafter, file be consigned to record room.