ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                           UTTAR PRADESH, LUCKNOW       

          A/1866/2023

Sanjay Kumar Mishra V/s Director Tanya Automobile Pvt. Ltd and others                   

            14-05-2024

                   BY MR. JUSTICE ASHOK KUMAR, PRESIDENT

                                                 ORDER

This is an appeal filed by the appellant/complainant under Section 41 of the Consumer Protection Act, 2019 against the order passed by the learned District Consumer Commission-II, Lucknow in Complaint Case No. 04/2016 dated 18-07-2023 by which the learned District Consumer Commission has recorded a finding that previously on various dates the complaint has been adjourned on account of non-appearance of the Counsel/complainant. On the date fixed when the complaint has been dismissed the similar thing had happened and no one was present.

Sri Ambarish Kaushal, Counsel for the appellant appeared.

            I have heard Counsel for the appellant at the admission stage itself and perused the impugned order as well as record.

            I have also gone through the memo of appeal and have considered the submission made by the Counsel for the appellant. The appellant/complainant has given sufficient reasons for his absence.

            Considering the facts and circumstances of the case the appeal is allowed and the impugned order passed by the District Consumer Commission-II, Lucknow is set aside and the case is remanded back to the District Consumer Commission-II, Lucknow with request to restore the Complaint Case No. 04/2016; Sanjay Kumar Mishra V/s Director, Tanya Automobile Private Limited and others to its original number and decide the complaint within a period of six months from the date of production of the certified copy of this order in accordance with law. It is made clear that unnecessary adjournments will not be allowed to either of the parties.

            A copy of this order will be served by the appellant before the District Consumer Commission-II, Lucknow within a period of four weeks from today.

Let copy of this order be made available to the parties 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.