STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1621 OF 2017
(Against the judgment/order dated 10-08-2017 in Complaint Case
No.367/2016 of the District Consumer Forum, Meerut )
Virendra Singh
S/o Moolchand Saini
R/o Mohalla Chavni
Kasba Sardhana
Tehsil Sardhana
District Meerut
...Appellant/Complainant
Vs
- Intex Technologies (India) Ltd.
Through Hapur Institute of Technology
And Information
Through Manager
Karyalaya Ukkta Dukan No. F-138
First Floor, Ganga Plaza
Begam Brig Road, Meerut.
- Intex Technologies (India) Limited
D-18/2 Okhla Industrial Area
Phase-II, New Delhi-110020
Through Manager Karyalaya Ukkta
- Tyagi Communication
Tyagi Market, Near Jain Dharamshala
Tarni Street Sardhana
Meerut
Through Sri Rahul Tyagi
...Respondent/Opposite Party
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Appellant : Sri Pankaj Pandey, Advocate.
For the Respondent :
Dated : 26-09-2017
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)
Sri Pankaj Pandey, 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.
:2:
Admit and register appeal.
Vide impugned judgment and order the complaint has been dismissed in default of complainant. As such the appeal is finally disposed of at the stage of admission itself.
Perusal of impugned order shows that Complaint No. 367 of 2016 Virendra Singh V/s Intex Technologies (India) Limited and others has been dismissed on 10-08-2017 by District Consumer Forum, Meerut in default of complainant.
As the impugned order shows that respondents were not present before District Consumer Forum, therefore, I find no need to issue notices to the respondents.
Appellant has shown sufficient reason for his absence on date fixed.
In view of above, I am of the view that appeal should be allowed and exparte order dated 10-08-2017 should be set aside.
In view of above, the appeal is allowed. Impugned order dated 10-08-2017 passed by District Consumer Forum, Meerut in Complaint Case No. 367 of 2016 Virendra Singh V/s Intex Technologies (India) Limited and others 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 notices to the opposite parties of the case and shall proceed further in accordance with law. The appellant shall appear before the District Consumer Forum on 25-10-2017 positively.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
Pnt