STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  03 OF 2018

        (Against the order dated 18-07-2017 in Complaint Case

                           No.318/2017 of the District Consumer Forum-II, Lucknow)

Archana Bharat Gas

Bakshi Ka Talab

Lucknow

Through Proprietor, Archana Singh

W/o Sri Arun Kumar Singh

R/o L.S. 2/34, Sector-C

Sitapur Yojna, Aliganj

Lucknow

                                                                  ...Appellant/Complainant

                                                     Vs.

01.Manager, Voltas Limited

     Shalimar Titanium, Block-C

     Fourth Floor, Office No.410-412

     Plot No. T.C.G.1/1

     Opposite Indira Gandhi Pratishthan

     Vibhuti Khand, Lucknow-226010.

          02.Electronic Bazar, UGF-8

               Agrawal Shopping Complex

               Sanjay Gandhi Puram

               Opposite Sahara Shopping Center

               Faizabad Road, Lucknow-226016.

          03.Manager, Voltas Limited

               Voltas House, A Block, Dr. Baba Saheb-

                Ambedkar Road, Chinchpokali

                Mumbai-400033

                                                                  ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant        :  Sri Ram Gopal, Advocate.

For the Respondent     :                 

Dated : 03-01-2018

                                            JUDGMENT

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

Sri Ram Gopal, 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 complainants. As such the appeal is disposed of finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No. 318 of 2017 Archana Bharat Gas V/s Manager, Voltas Limited and others has been dismissed on 18-07-2017 by District Consumer Forum-II, Lucknow 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 18-07-2017 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 18-07-2017 passed by District Consumer Forum-II, Lucknow in Complaint Case No. 318 of 2017 Archana Bharat Gas V/s Manager, Voltas 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 02-02-2018 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