ORDER

16 .03.2018     Heard the learned counsel for the appellant and respondent.

As per the impugned order complaint in question is dismissed for non prosecution. It appears from the order sheet that the complainant was continuously removed absent and also did not produce any evidence or material perused to the order dated 30.03.2017.

            Appellant submits that on account of cogent reason the mistake was committed by the same was not with malafide intention. Learned counsel for the respondent is present.

        Considering the nature of the case, we are inclined to give one opportunity to the appellant (complainant). As such the impugned order dated 15.09.2017 is set aside and matter is remanded to the District Forum for considering the matter on merits in accordance with law. The complainant shall take prudent all steps to prosecute the complaint. The appeal is allowed subject to the payment of cost of Rs. 500/- to be deposited in the complaint case before the District Forum. The complainant and opposite party will appear in the District Forum in complaint case no. 61 of 2015 on 07.05.2018.

 Member (F)                        Member (M)                                       President             

           Agam