STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                      APPEAL NO.  1928 OF 2016

        (Against the judgment/order dated 21-09-2015 in Complaint Case

                             No.95/2009 of the District Consumer Forum, Meerut )

Dr. Sandeep Grover

(M.B.B.S, D.M.)

S/o Dr. Ashok Kumar Grover

R/o 123/2, Kamla Nagar

Baghpat

Meerut,  U.P. 250002 

                                                                       ...Appellant/Complainant

                                                     Vs.

1. Idea Cellular Limited

Through Regional Manager

Regional Office – A-68

Sector-64, Noida-201301

Gautam Budh Nagar

2. Satyanaam International

Idea Dealer, D 22, 23,

Metro Plaza, Meerut.    

                                                                      ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Km. Tara Gupta, Advocate.

For the Respondent     :                   -

Dated : 04-10-2016

                                            JUDGMENT

MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)

Km. Tara Gupta, learned Counsel for the appellant appeared.

We have heard learned Counsel for the appellant and perused memo of appeal as well as impugned judgment and order. The appeal is within time.

Admit and register appeal.

Perusal of impugned order shows that Complaint No. 95/2009 Dr. Sandeep Grover V/s Idea Cellular Limited and another has been dismissed on 21-09-2015 by District Consumer Forum, Meerut in default of complainant whereas respondent was present before District Consumer Forum.

: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 21-09-2015 should be set aside on payment of cost.

In view of above, the appeal is allowed. Impugned order dated 21-09-2015 passed by District Consumer Forum, Meerut in Complaint Case No. 95/2009 Dr. Sandeep Grover V/s Idea Cellular Limited and another 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 03-11-2016 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

                                                                                             ( SMT. BAL KUMARI )

                            MEMBER

          pnt