STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 3169 OF 2017
(Against the judgment/order dated 19-02-2014 in Complaint Case
No.22/2012 of the District Consumer Forum-I, Lucknow)
Km. Usha Rani
D/o Sri Gurudin
R/o Village & Post Songaon
Thana Akbarpur
District Ambedkar Nagar
...Appellant/Complainant
Vs.
01.Mayo Medical Centre Pvt. Ltd.
Vikas Khand II, Gomti Nagar
Lucknow
Through its Administrator
02.Kailash Narayan Singh
Administrator
Mayo Medical Centre Private Limited
Vikas Khand II, Gomti Nagar
Lucknow
- Dr. Vipin Chandra Pal (Ms. Meh)
Mayo Medical Centre Private Limited
Vikas Khand II, Gomti Nagar
Lucknow
...Respondents/Opposite Parties
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Appellant : Sri Sanjay Kumar Verma, Advocate.
For the Respondent :
Dated : 27-11-2017
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)
Sri Sajay Kumar Verma, 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.
Admit and register appeal.
Vide impugned judgment and order the complaint has been dismissed in default of complainant. As such the appeal is disposed of
:2:
finally at the stage of admission itself.
Perusal of impugned order shows that Complaint No. 22 of 2012 Km. Usha Rani V/s Mayo Medical Centre Private Limited and others has been dismissed on 19-02-2014 by District Consumer Forum-I, 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 her absence on date fixed.
In view of above, I am of the view that appeal should be allowed and exparte order dated 19-02-2014 should be set aside.
In view of above, the appeal is allowed. Impugned order dated 19-02-2014 passed by District Consumer Forum-I, Lucknow in Complaint Case No. 22 of 2012 Mayo Medical Centre Private 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 02-01-2018 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
