STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1094 OF 2016
(Against the judgment/order dated 13-02-2015 in Complaint Case
No. 49/2013 of the District Consumer Forum, Saharanpur )
Smt. Krishna Devi
W/o Late Suresh Kumar
R/o Village Pilfara Yenabad
Tehsil Rampuramniharan
District Saharanpur
...Appellant
Vs.
- District Commandant, Home-guard
Saharanpur
- United India Insurance Company Limited
Branch Office – First, Ground Floor-01
Kasmanda House-2, Park Road, Hazaratganj
Lucknow
...Respondent
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
HON’BLE MR. MAHESH CHAND, MEMBER
For the Appellant : Ms. Tara Gupta, Advocate.
For the Respondent : -
Dated : 18-07-2016
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)
Learned Counsel for the appellant appeared. None appeared for the respondents. Notices have been sent to the respondents through registered post on 15-06-2016 but the registered envelops have not been returned unserved. More than 30 days have passed. Therefore, service of notice on the respondents is held sufficient.
We have heard learned Counsel for the appellant. Appeal has been filed with delay condonation application. Appellant has shown sufficient reason for delay in filing appeal. None has appeared for respondents to oppose delay condonation application. Delay condonation application is allowed. Delay of appeal is condoned.
Admit and register appeal.
We have perused memo of appeal and impugned order. Perusal of
:2:
impugned order shows that Complaint No. 49/2013 Smt. Krishna Devi V/s District Commandant Home-guard, Saharanpur and another has been dismissed in default of complainant. The opposite party was also not present on that day. Therefore, appeal is finally disposed of without notice to respondents on appeal.
Appellant has shown sufficient reason for his absence on date fixed.
In view of above, we are of the view that appeal should be allowed and exparte order dated 13-02-2015 should be set aside.
In view of above, the appeal is allowed. Impugned order dated 13-02-2015 passed by District Consumer Forum, Saharanpur in Complaint Case No. 49/2013 Smt. Krishna Devi V/s District Commandant Home-guard and another 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 the District Consumer Forum on 16-08-2016 positively.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
( MAHESH CHAND )
MEMBER
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