STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                       APPEAL NO. 923 OF 2017

      (Against judgment and order dated 25-04-2017 in Complaint Case No.

                 34/2017 of the District Consumer Forum-II, Lucknow )

Jaishiv Sharma

S/o Sri Hari Om Sharma

R/o B-1109, Indira Nagar

Lucknow

                                                                                          ...Appellant

                                                           Vs.

1. Blackberrys

Through its Retail Brand Store

Sewak Sons, Shop No.11

M.G. Marg, Hazratganj

Lucknow-226001

2. Blackberrys

Through its Managing Director

76, Udyog Vihar, Phase-I

Gurgaon, Haryana-122001

                                                                                                ...Respondents

BEFORE:

HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT

For the Appellant                 :    Sri Neeraj Singh, Advocate.

For the Respondent              :   

Dated : 10-08-2017

                                                  JUDGMENT

          MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT(ORAL)

Sri Neeraj Singh, learned Counsel for the appellant appeared.

Heard learned Counsel for the appellant and perused impugned order dated 25-04-2017 passed by the District Consumer Forum-II, Lucknow in Complaint Case No. 34/2017 Jaishiv Sharma V/s Blackberrys and another whereby the District Consumer Forum has ordered opposite party no.2 of the complaint to pay Rs.2,000/- price of pant to complainant in pursuance of consent of both parties expressed before it.

It is contended by learned Counsel for the appellant that on 25-04-2017 the said complaint No. 34/2017 was fixed before District Consumer Forum-II, Lucknow and 30-08-2017 date was fixed. The impugned order has been passed thereafter in absence of appellant/opposite party.

Perusal of impugned order dated 25-04-2017 shows that the District

:2:

Consumer Forum has recorded presence of both parties and passed order in pursuance of consent given by both parties. As such, the judicial order passed by the District Consumer Forum shall be presumed to be genuine and correct unless otherwise it is proved.

Considering the facts and circumstances of the case the disposal of complaint in terms of consent given by parties appears reasonable and proper. Appeal is not maintainable. As such appeal is dismissed.

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

                                                                   ( JUSTICE A H KHAN )

                                                                                    PRESIDENT                                                                   

          Pnt