STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                    UTTAR PRADESH, LUCKNOW

                                      APPEAL NO.  604 OF 2017

        (Against the judgment/order dated 02-03-2017 in Complaint Case

                     No.72/2014 of the District Consumer Forum, Ambedkar Nagar )

            Jaiswal Traders

  Through Proprietor Narendra Kumar Jaiswal

S/o Sri Lallan Prasad

R/o Chungi Naka Miranpur

Akbarpur, District Ambedkar Nagar

                                                                       ...Appellant/Complainant

                                                     Vs.

Shakha Prabandhak (Branch Manager)

H.D.F.C.Bank Limited

House No.543, Nai Sadak

Shahjadpur, Akbarpur

District Ambedkar Nagar

                                                                  ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the Appellant        :  Sri Dr. Uday Veer Singh, Advocate.

For the Respondent     :                  

Dated : 06-04-2017

                                            JUDGMENT

MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT(ORAL)

Dr. Uday Veer Singh, learned Counsel for the appellant appeared.

We have perused memo of appeal as well as impugned order. The appeal is within time.

Admit and register appeal.

Perusal of impugned order shows that Complaint No. 72 of 2014 Jaiswal Traders V/s Shakha Prabandhak, H.D.F.C. Bank Limited has been dismissed on 02-03-2017 by District Consumer Forum, Ambedkar Nagar in default of complainant whereas opposite party was  present before District Consumer Forum.

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 02-03-2017  should be set aside on payment of cost.

In view of above, the appeal is allowed. Impugned order dated 02-03-2017 passed by District Consumer Forum, Ambedkar Nagar in Complaint

:2:

Case No. 72 of 2014 Jaiswal Traders V/s Shakha Prabandhak, H.D.F.C. Bank Limited is set aside on payment of cost of Rs.500/-. The complaint is remanded back to the District Consumer Forum with a direction to restore it on its original number. The case shall be restored only after payment of cost of Rs.500/- to the respondent/opposite party by complainant. 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 05-05-2017 positively.

It is clarified that if the cost is not paid on the date of appearance fixed above, this order shall have no effect.

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

                                                                     ( JUSTICE A H KHAN )

                                                                                      PRESIDENT 

        ( MAHESH CHAND )

                         MEMBER

          Pnt