ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  424 OF 2019

            (Against the order dated 08-02-2019 in Complaint Case

                          No.369/2005 of the District Consumer Forum, Deoria)

Bicow Prasad, S/o Kanta

R/o Village Bhaluani

Post Bhaluani,

District Deoria.

                                                                      ...Appellant/Complainant

                                                     Vs.

Central Bank of India

          Branch Bhaluani

          Post Bhaluani

District Deoria

Through Branch Manager

                                                                 ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant       :  Mr. Ram Sevak Upadhyay Advocate.

For the Respondent    :                 

Dated : 29-03-2019

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Mr. Ram Sevak Upadhyay, 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 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. 369 of 2005 Bicow Prasad V/s Central Bank of India has been dismissed on 08-02-2019 by District Consumer Forum, Deoria in default of complainant.

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.

:2:

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

In view of above, I am of the view that appeal should be allowed and exparte order dated 08-02-2019 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 08-02-2019 passed by District Consumer Forum, Deoria in Complaint Case No. 369 of 2005 Bicow Prasad V/s Central Bank of India 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 15-05-2019 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.