ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  1673 OF 2018

            (Against the order dated 07-08-2018 in Complaint Case

                      No.148/2013 of the District Consumer Forum, Raibareilly)

Lions Club

Through its President Vijay Rastogi

Situated near Jain Medical Store

In front of Reform Club

District Raibareilly

                                                                  ...Appellant/Complainant

                                                     Vs.

Iffko Tokio General Insurance Co.Ltd.

Gokhle Marg, Lucknow.

Through its Manager

                                                                  ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant         :  Sri R K Srivastava, Advocate.

For the Respondent      :                 

Dated : 19-09-2018

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Sri R K Srivastava, 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 judgment and order the complaint 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 No.148 of 2013 Lions Club V/s Iffko Tokio General Insurance Company Limited has been

dismissed on 07-08-2018 by District Consumer Forum, Raibareilly 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

:2:

and exparte order dated 07-08-2018 should be set aside on payment of cost.

In view of above, the appeal is allowed. Impugned order dated 07-08-2018 passed by District Consumer Forum, Raibareilly in Complaint Case No. 148 of 2013 Lions Club V/s Iffko Tokio General Insurance Company 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 complainant shall deposit cost of Rs.500/- before District Consumer Forum on date fixed in this judgment. Thereafter case shall be restored on its original number and notice shall be issued to the opposite party by District Consumer Forum for proceeding further in accordance with law. The appellant shall appear before District Consumer Forum on 30-10-2018 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 parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

          Pnt.