STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                       APPEAL NO. 539 OF 2017

              (Against judgment and order dated 08-08-2016 in Complaint

         Case No. 1153/2013 of the District Consumer Forum-II, Lucknow )

Chandan Singh

                                                                                         ...Appellant

                                                           Vs.

  CEO/Managing Director, HCL

  Career Development Centre

  B-26, Sector-8, Noida, U.P.

                                                                                                ...Respondent

BEFORE:

HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT

For the Appellant                 :    Sri Mukut Bihari, Advocate.

For the Respondent              :   

Dated : 24-08-2017

                                                  JUDGMENT

          MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT(ORAL)

            This is an appeal filed under Section-15 of the Consumer Protection Act, 1986 against order dated 08-08-2016 passed by the District Consumer Forum-II, Lucknow in Complaint Case No. 1153/2013 Chandan Singh V/s CEO/Managing Director, HCL whereby the District Consumer Forum has dismissed complaint for want of jurisdiction.

            Feeling aggrieved with the order passed by District Consumer Forum, the complainant has filed this appeal before State Commission.                               Learned Counsel Mr. Mukut Bihari appeared for the appellant.

None appeared for respondent. Notice sent to respondent was returned unserved with endorsement of left.

It is contended by learned Counsel for the appellant that the address of respondent is correct. He has deliberately avoided service of notice.

Considering the submission made by learned Counsel for the appellant service of notice is held sufficient.

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

Perusal of impugned order shows that it has been passed exparte in absence of appellant/complainant. As such it appears just and reasonable to remand the case to District Consumer Forum to pass order after affording

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opportunity of hearing to the complainant as well as to opposite party.

In view of above appeal is allowed. The impugned order passed by the District Consumer Forum is set aside and the case is remanded back to the District Consumer Forum with direction that the District Consumer Forum shall decide issue of maintainability of complaint at first after affording opportunity of hearing to the complainant as well as to opposite party.

Appellant/complainant shall appear before District Consumer Forum on 03-10-2017.

Before proceeding further the District Consumer Forum shall issue notice to the opposite party for the date fixed.

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

                                                                   ( JUSTICE A H KHAN )

                                                                                    PRESIDENT                                                             

          Pnt.