ORAL
State Consumer Disputes Redressal Commission
U.P., Lucknow.
Appeal No. 489 of 2018
1- Lalta Prasad aged about 61 years s/o Shiv Prasad,
R/o Lalaipurwa, Post Sahabnagar, Thana, Pisawan,
Tehsil, Maholi, Janpad, Sitapur.
2- Smt. Gudiya Gupta aged about 26 years,
W/o Ramji Gupta, R/o Mohalla, Nai Abadi Alamnagar,
Thana Kotwali, Nagar, Janpad, Sitapur. ….Appellants.
Versus
Magma Finance Company Ltd., Shakha Ankh
Aspataal Marg Nikat Sethi Dry Cleaners, Dammuji
Plaza, Tirtiya Tal, Janpad, Sitapur Dwara Prabhandhak
Mahodaya. ….Respondent.
Present:-
Hon’ble Justice Mr. Akhtar Husain Khan, President.
Shri Vivek Chandra, Advocate for Appellants.
Shri Ram Gopal, Advocate for respondent.
Date: 4.10.2018
ORDER
This is an appeal filed under section 15 of the Consumer Protection Act against order dated 14.12.2017 passed by District Consumer Forum in complaint no.116 of 2017, Lalta Prasad & anr. vs. Magma Finance Co. Ltd. whereby the District Forum has dismissed the complaint in default of both parties.
Feeling aggrieved by the order of the District Forum, the complainant has filed this appeal.
Ld. Counsel Mr. Vivek Chandra appeared for the appellants. Ld. Counsel Mr. Ram Gopal appeared for respondent.
(2)
I have heard ld. Counsel for the parties. Vide impugned order complaint has been dismissed in default of both parties at the stage of evidence.
Appellants/complainants have shown reasons for absence of on the date fixed before District Forum. It appears just for the ends of justice that the complaint should be disposed on merit after affording opportunity of evidence and hearing to both parties.
In view of above, appeal is allowed. Impugned order dated 14.12.2017 passed by District Consumer Forum is set aside and the case is remanded back to District Forum with direction to dispose of complaint on merit after affording opportunity of evidence and hearing to both parties.
Parties shall appear before the District Consumer Forum on 20.11.2018.
(Justice Akhtar Husain Khan)
President
Jafri PA II
Court No.1
