ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                         UTTAR PRADESH, LUCKNOW      

                              APPEAL NO.  1246 OF 2019

            (Against the order dated 30-08-2019 in Complaint Case

                         No.116/2014 of the District Consumer Forum, Raibareli)

Ramesh Singh, S/o Lt. Girja Singh

R/o Village Roopkheda

A hamlet of Hidayin

Post Harchandpur

District Raibareilly

                                                                      ...Appellant/Complainant

                                                     Vs.

Executive Engineer

Uttar Pradesh Power Corporation

Vidyut Vitran Khand Pratham

Raibareilly

                                                                    ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant       :  Sri Suyash Bajpai, Advocate.

For the Respondent    :                 

Dated : 25-10-2019

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Sri Suyash Bajpai, 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 case 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 Case No. 116 of 2014 Ramesh Singh V/s Madhyanchal Vidyut Vitran Nigam Limited has been dismissed on 30-08-2019 by District Consumer Forum, Raibareilly 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 30-08-2019 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 30-08-2019 passed by District Consumer Forum, Raibareilly in Complaint Case No. 116 of 2014 Ramesh Singh V/s Madhyanchal Vidyut Vitran Nigam Limited is set aside. The complaint case 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 03-12-2019 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.