ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  1058 OF 2018

            (Against the order dated 13-03-2018 in Complaint Case

                       No.550/2016 of the District Consumer Forum-II, Lucknow)

          Mohd. Yusuf

S/o Isa Ansari

R/o E-4/82 Amprapali Yojana

Hardoi Road, Lucknow. 

                                                                  ...Appellant/Complainant

                                                     Vs.

The General Manager

Axis Bank A.S.C. Lucknow

Second Floor

U. P. Cooperative Bank Building

2 M.G. Marg, Hazratganj

Lucknow

                                                                  ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. GORARDHAN YADAV, MEMBER

For the appellant         :  Sri Istekhar Hasan, Advocate.

For the respondent      :                 

Dated : 06-06-2018

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Sri Istekhar Hasan, learned Counsel for the appellant appeared.

We 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 judgment and order the complaint has been dismissed in default of the parties. As such the appeal is disposed of

finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No.550 of 2016 Mohd. Yusuf V/s Axis Bank, Lucknow has been dismissed on 13-03-2018 by District Consumer Forum-II, Lucknow in default of parties. 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, we are of the view that appeal should be allowed and exparte order dated 13-03-2018 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 13-03-2018 passed by District Consumer Forum-II, Lucknow in Complaint Case No. 550 of 2016 Mohd. Yusuf V/s Axis Bank, Lucknow 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 20-07-2018 positively.

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

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

                                                            ( GOVARDHAN YADAV )

                                                                                      MEMBER                                                                                    

            Pnt