STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  APPEAL NO.  1276 OF 2016

        (Against the judgment/order dated 02-03-2016 in Complaint Case

                       No.392/2013 of the District Consumer Forum, Kanpur Nagar  )

            Upendra Singh Patel

  S/o Shiv Kumar

             R/o Village Chaubhighai

             Tehsil/Post Billhaur

             District Kanpur Nagar  

...Appellant/Complainant

                                                     Vs.

Manager

Billhaur Gas Agency

(Hindustan Petroleum)

Situated at Kakwan Road

Billhaur, Post Billhaur

District Kanpur Nagar-209202 

                                                                      ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Sri T H Naqvi, Advocate.

For the Respondent     :  Sri Alok Sinha, Advocate.

Dated : 24-08-2016

                                            JUDGMENT

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

Sri T H Naqvi, learned Counsel for the appellant appeared.

Sri Alok Sinha, learned Counsel for the respondent appeared.  

Heard learned Counsel for the appellant. We have perused memo of appeal and impugned order.

Perusal of impugned order shows that Complaint No. 392/2013 Upendra Singh Patel V/s Manager, Billhaur Gas Agency has been dismissed on 02-03-2016 by District Consumer Forum, Kanpur Nagar in default of complainant whereas respondent was present before District Consumer Forum.

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 02-03-2016 should be set aside on payment of cost.

:2:

In view of above, the appeal is allowed. Impugned order dated 02-03-2016 passed by District Consumer Forum, Kanpur Nagar in Complaint Case No. 392/2013 Upendra Singh Patel V/s Manager, Billhaur Gas Agency is set aside on payment of cost of Rs.500/-. The complaint is remanded back to the District Consumer Forum with a direction to restore it on its original number. The case shall be restored only after payment of cost of Rs.500/- to the respondent/opposite party by complainant. After restoration of case the District Consumer Forum shall issue notice to the opposite party of the case and shall proceed further in accordance with law. The appellant shall appear before the District Consumer Forum on 20-09-2016 positively.

It is clarified that if the cost is not paid on the date of appearance fixed above, this order shall have no effect.

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