ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  2785 OF 2018

            (Against the order dated 16-07-2018 in Complaint Case

                      No.96/2007 of the District Consumer Forum, Fatehpur)

1. Shiv Shankar Prasad

S/o Late Prabhati Lal

R/o D 7/9 Shankar Nand Gali

District Varanasi, U.P.

2. Sumitra Rani Agrawal

W/o Late Prabhati Lal

R/o D 7/9 Shankar Nand Gali

District Varanasi, U.P.

                                                                  ...Appellants/Complainants

                                                     Vs.

Canara Bank

Through Manager

Gothouliya Branch

District Varanasi, U.P.

                                                                 ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant       :  Mr. Anil Kumar Mishra, Advocate.

For the Respondent    :                 

Dated : 18-12-2018

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Mr. Anil Kumar Mishra, learned Counsel for the appellants appeared.

I have heard learned Counsel for the appellants and perused memo of appeal as well as impugned order. The appeal is within time.

Admit and register appeal.

Vide impugned order the complaint has been dismissed in default of both parties. As such the appeal is disposed of finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No.96 of 2007 Shiv Shankar Prasad and another V/s Canara Bank has been dismissed

:2:

on 16-07-2018 by District Consumer Forum, Fatehpur in default of both parties. As the impugned order shows that respondent was not present before District Consumer Forum, therefore, we find no need to issue notice to the respondent.

Appellants have shown sufficient reason for their absence on date fixed.

In view of above, we are of the view that appeal should be allowed and exparte order dated 16-07-2018 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 16-07-2018 passed by District Consumer Forum, Fatehpur in Complaint Case No. 96 of 2007 Shiv Shankar Prasad and another V/s Canara Bank 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 notice to the opposite party of the case and shall proceed further in accordance with law. The appellant shall appear before District Consumer Forum on 05-02-2019 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.