Called out.

Sh. Amit Agarwal, Advocate is present on behalf of the appellant.

Sh. Vijay Pal Tiwari and Sh. Rajesh Kumar Devliyal, Advocates are present on behalf of respondent No. 1.

Sh. Hoshiyar Singh, Advocate, holding brief of Sh. M.K. Kohli, Advocate, is present on behalf of respondent     No. 2.

Heard learned counsel for the parties.

This appeal under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 10.03.2015 passed by the District Forum, Nainital in consumer complaint No. 108 of 2012.  By the order impugned, the District Forum has dismissed the consumer complaint in default of the appellant – complainant.

Learned counsel for the appellant has contended that the counsel, who was conducting the consumer complaint on behalf of the appellant before the District Forum, had undergone an operation and, as such, could not appear before the District Forum on the date fixed in the consumer complaint and the counsel had also not intimated the appellant – complainant about the date fixed in the matter.

Having gone through the record, we are of the view that there was no deliberate laches on the part of the appellant – complainant in prosecuting the consumer complaint before the District Forum and there was justified reason for non-appearance on behalf of the appellant – complainant before the District Forum.  Therefore, it is in the interest of justice that the matter be remanded back to the District Forum for decision on merit.

Appeal is allowed on payment of costs of Rs. 1,000/-, to be paid by the appellant to the respondents in equal proportion, i.e., Rs. 500/- to each of the respondents.  Order impugned dated 10.03.2015 passed by the District Forum, Nainital is set aside and consumer complaint is restored to its original number.  The matter is remanded back to the District Forum for decision on merit.  The parties are directed to appear before the District Forum, Nainital on 10.09.2018.  The costs shall be paid by the appellant to the respondents before the District Forum on the date fixed, i.e., 10.09.2018.  Copy of the order be sent to the District Forum, Nainital immediately.