STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                    UTTAR PRADESH, LUCKNOW

                                      APPEAL NO.  509 OF 2017

        (Against the judgment/order dated 21-01-2017 in Complaint Case

                             No.305/2011 of the District Consumer Forum-I, Lucknow )

Dinesh Kumar Singh

S/o Sri Bhagauti Singh

R/o Village and Post Ant gali Saura

Thana Mall, Tehsil Malihabad

District Lucknow

                                                                        ...Appellant/Complainant

                                                     Vs.

Kumar Cold Storage

Girikung, Hardoi Road

Lucknow

Through its Manager

                                                                   ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Sri Sanjay Kumar Verma, Advocate.

For the Respondent     :                  

Dated : 21-03-2017

                                            JUDGMENT

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

Sri Sanjay Kumar Verma, learned Counsel appeared for appellant. 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. 305 of 2011 Dinesh Kumar Singh V/s Kumar Cold Storage has been dismissed on 21-01-2017 by District Consumer Forum-I, Lucknow in default of complainant.

As the impugned order shows that respondent was not present before District Consumer Forum, therefore, we find no need to issue notice to the respondent.

Appellant has shown sufficient reason for his absence on date fixed.

:2:

In view of above, we are of the view that appeal should be allowed and exparte order dated 21-01-2017 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 21-01-2017 passed by District Consumer Forum-I, Lucknow in Complaint Case No. 305 of 2011 Dinesh Kumar Singh V/s Kumar Cold Storage 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 party of the case and shall proceed further after giving proper opportunity of hearing and evidence in accordance with law. The appellant shall appear before the District Consumer Forum on 20-04-2017 positively.

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

                        ( JUSTICE A H KHAN )

                                                                                                       PRESIDENT                                                                                            

     ( SMT. BAL KUMARI )

                         MEMBER

          Pnt