STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                      APPEAL NO. 1154 OF 2016

        (Against the judgment/order dated 16-05-2016 in Complaint Case

              No. 643/2010 of the District Consumer Forum-I, Lucknow )

              I.P. Mishra

               R/o 3/3217, Vishwas Khand

   Gomti Nagar, Lucknow

                                                                               ...Appellant/Complainant

                                                     Vs.

1. Manager, Orphic Resorts Limited

Timeshare Division, B-201

Ansal Chamber 1,3 Bhikhaji Coma Place

New Delhi

2. Manager Country In (Gomti Hotel)

Tej Bahadur,  Sapru Marg

Lucknow                                                        ...Respondent/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. J N SINHA, MEMBER

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Sri Neeraj Pandey, Advocate.

For the Respondent     :                 -

Dated : 13-06-2016

                                                  JUDGMENT

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

Learned Counsel for appellant appeared. Heard learned Counsel for appellant. We have perused memo of appeal and impugned order. Appeal is within time.

Perusal of impugned order shows that Complaint No. 643/2010 I. P. Mishra V/s Manager, Orphic Resorts Limited and another                                                   has been dismissed on 16-05-2016 by District Consumer Forum-I, Lucknow in default of both parties.

As the impugned order shows that respondents were not present before District Consumer Forum, therefore, we find no need to issue notices to the respondents.

Appellant has shown sufficient reason for his absence on date fixed. On date fixed the opposite parties were also absent.

In view of above, we are of the view that appeal should be allowed and exparte order dated 16-05-2016 should be set aside.

In view of above, appeal is admitted and allowed. Impugned order dated

:2:

16-05-2016 passed by District Consumer Forum in Complaint Case No. 643/2010 I. P. Mishra V/s Manager, Orphic Resorts Limited 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 the District Consumer Forum on 15-07-2016 positively.

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

                                                                                          ( JUSTICE A H KHAN )

                                                                                                          PRESIDENT

                                                                                                           ( J N SINHA )

                      MEMBER  

                        ( BALKUMARI )

                                                                                                               MEMBER

pnt