ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                         UTTAR PRADESH, LUCKNOW      

                              APPEAL NO.  336 OF 2020

            (Against the order dated 26-10-2017 in Complaint Case

                     No.87/2013 of the District Consumer Commission, Mahoba)

Smt. Basanti Devi, W/o Sri Bhagvan Das

R/o Village Kharela, Tehsil Charkhari

District Mahoba

                                                                    ...Appellant/Complainant

                                                     Vs.

1. Branch Manager

Shree Ram Transport Finance Company Limited

330/273 Geeta Bhavan, Collector Ganj

Fatehpur, District Fatehpur, U.P.

2. Kuldeep Mishra

Agent Shree Ram Transport Finance Company Limited

R/o Fatehpur Bajariya Tehsil & District Mahoba, U.P.

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. RAJENDRA SINGH, MEMBER

HON’BLE MR. SUSHIL KUMAR, MEMBER

For the Appellant       :   Sri D K Mourya, Advocate.

For the Respondent    :                 

Dated : 25-09-2020

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Sri D K Mourya, learned Counsel for the appellant appeared.

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.

Vide impugned order the complaint case 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 Case No. 87 of 2013 Smt. Basanti Devi V/s Branch Manager, Shree Ram Transport Finance Company Limited and another has been dismissed on 26-10-2017

:2:

by District Consumer Commission, Mahoba in default of complainant.

As the impugned order shows that respondents were not present before District Consumer Commission, therefore, We find no need to issue notice 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 26-10-2017 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 26-10-2017 passed by District Consumer Commission, Mahoba in Complaint Case No. 87 of 2013 Smt. Basanti Devi V/s Branch Manager, Shree Ram Transport Finance Company Limited and another is set aside. The complaint case is remanded back to the District Consumer Commission with a direction to restore it on its original number. After restoration of case the District Consumer Commission shall issue notice to the opposite parties of the case and shall proceed further in accordance with law. The appellant shall appear before District Consumer Commission on 10-11-2020 positively.

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

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

                                                                 ( RAJENDRA SINGH )

                                                                                     MEMBER

                                                                      ( SUSHIL KUMAR )

                                                                                     MEMBER

Pnt.