ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  3064 OF 2016

            (Against the order dated 16-08-2016 in Complaint Case

                         No.397/2015 of the District Consumer Forum, Meerut)

          Ankur

S/o Sri Rajendra Singh

R/o G-91, Pandav Nagar

P.S. Civil Lines, Meerut.

                                                                  ...Appellant/Complainant

                                                     Vs.

1. Intex Technology (I) Limited

D-18/2, Okhla, Phase-2

Delhi

02.M/s Magic Marketing

C-21, Metro Plaza, Delhi Road

Meerut

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the appellant         :  Sri Vikas Agarwal, Advocate.

For the respondent      :                 

Dated : 24-07-2018

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Sri Vikas Agarwal, learned Counsel for the appellant appeared.

We have heard learned Counsel for the appellant and perused memo of appeal as well as impugned order.

Vide impugned judgment and order the complaint has been dismissed in default of the complainant. As such the appeal is disposed of

finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No.397 of 2015 Ankur V/s Managing Director, Intex Technology and another has been dismissed on 16-08-2016 by District Consumer Forum, Meerut in default of complainant. As the impugned order shows that respondents were not present before District Consumer Forum, therefore, we find no need to issue notice to the respondents.

: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 16-08-2016 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 16-08-2016 passed by District Consumer Forum, Meerut in Complaint Case No. 397 of 2015 Ankur V/s Managing Director, Intex Technology and another 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 parties of the case and shall proceed further in accordance with law. The appellant shall appear before District Consumer Forum on 30-08-2018 positively.

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

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

                                                                    ( MAHESH CHAND )

                                                                                      MEMBER                                                                                   

            Pnt