ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                         UTTAR PRADESH, LUCKNOW      

                              APPEAL NO.  742 OF 2022

  (Against the order dated 15-06-2022 in Complaint Case No.11/2022

                        of the District Consumer Commission, Barabanki)

Sri Awadh Cold Storage & Elite Industries Vishunpur

Pargana & Tehsil Fatehpur

District Barabanki

Through its Manager Anoop Verma

S/o Jaidev Singh VErma

R/o B-2151, Indira Nagar

Lucknow, Uttar Pradesh

                                                                    ...Appellant/Opposite Party

                                                     Vs.

Chandrashekar

S/o Ragunandan Prasad

R/o Village Badi Cheriya

Najra & Post Naraianbhari

Pargana Dewa, Tehsil Nawabganj

District Barabanki

                                                                      ...Respondent/Complainant

BEFORE:

HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

For the Appellant       :   Sri Anil Kumar Yadav, Advocate.

For the Respondent    :                 

Dated : 10-08-2022

                                            ORDER

MR. JUSTICE ASHOK KUMAR, PRESIDENT

Heard Sri Anil Kumar Yadav, learned Counsel for the appellant.

The instant appeal has been filed by the appellant/opposite party of the complaint under Section 41 of the Consumer Protection Act, 2019 against the judgment and order dated 15-06-2022 passed in Complaint Case No. 11/2022 by the District Consumer Commission, Barabanki.

The submission of learned Counsel for the appellant is that neither the summon; nor any notice has been served upon the appellant with regard to the aforesaid complaint case filed by the complainant/respondent before the learned District Consumer Commission, Barabanki and that the District Consumer Commission has

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proceeded exparte hurriedly without examining as to whether the appellant has been served with regard to the proceedings/complaint and has passed the impugned order.

From the perusal of the judgment and order passed by the learned District Consumer Commission  dated 15-06-2022 it is noticed that the details in the judgment have been incorporated by the learned District Consumer Commission with regard to the material placed by the complainant, however, so far as the service upon the appellant/opposite party is concerned no reasons are mentioned except that the notice has been served upon the appellant/opposite party but no reply is filed by the opposite party, hence the exparte proceedings are carried out.

I have heard learned Counsel for the appellant and examined the impugned judgment and order.

In the interest of justice I find that the impugned order is liable to be set aside and the matter is remanded to the District Consumer Commission to decide the complaint afresh after providing an opportunity to the appellant/opposite party to adduce the evidence or other material in accordance with law preferably within a period of two months from the date of production of certified copy of this order. Any amount deposited by the appellant is liable to be refunded in accordance with law within a period of one month.    

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

The Stenographer is requested to upload this order on the website of this Commission at the earliest.        

                             ( JUSTICE ASHOK KUMAR )             

                                PRESIDENT                                                                                                                              

          Pnt

          Court-1