STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                      APPEAL NO. 124 OF 2015

        (Against the judgment/order dated 21-07-2011 in Complaint Case

             No. 618/2003 of the District Consumer Forum-II, Lucknow )

Neeraj Sinha                                                               ...Appellant/Complainant

                                                     Vs.

Maruti Countrywide Auto Financial –

Services Limited                                                         ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. U.  S. AWASTHI, MEMBER

For the Appellant        :  Sri Ramchandra, Clerk of Counsel for appellant.

For the Respondent     :                 -

Dated : 07-06-2016

                                                  JUDGMENT

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

          Learned Counsel for appellant is reported to be out of station. His Clerk appeared. We have perused memo of appeal and impugned order. Appeal is within time. Defect pointed out by registry has been removed.

Perusal of impugned order shows that Complaint No. 618/2003 Neeraj Sinha V/s Maruti Countrywide Auto Financial Services Limited has been dismissed on 21-07-2011 by District Consumer Forum-II, Lucknow in default of both parties.

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

In view of above, we are of the view that appeal should be allowed and exparte order dated 21-07-2011 should be set aside.

In view of above, appeal is admitted and allowed. Impugned order dated 21-07-2011 passed by District Consumer Forum in Complaint Case No. 618/2003 Neeraj Sinha V/s Maruti Countrywide Auto Financial Services Limited is set aside and said complaint is restored on its original number. 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.

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

                                                                                          ( JUSTICE A H KHAN )

                                                                                                          PRESIDENT

                                                                                                    ( U S AWASTHI )

                   MEMBER

            pnt