STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                    UTTAR PRADESH, LUCKNOW

                                      APPEAL NO.  529 OF 2017

        (Against the judgment/order dated 25-10-2016 in Complaint Case

                             No.193/2014 of the District Consumer Forum, Meerut )

Arun Kumar Sirohi

S/o Sri Yatendra Kumar Sirohi

R/o House No.1101

Sector 15/B, Chandigarh.

Present Address:

House No.259, First Floor

Sector-35A, Chandigarh.

                                                                   ...Appellant/Complainant

                                                     Vs.

Secretary

Meerut Development Authority

Meerut

                                                                   ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Km. Tara Gupta, Advocate.

For the Respondent     :  Sri Sarvesh Kumar Sharma, Advocate.                

Dated : 23-03-2017

                                            JUDGMENT

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

Km. Tara Gupta, learned Counsel for the appellant appeared.

Sri Sarvesh Kumar Sharma, learned Counsel for the respondent appeared.

We have perused memo of appeal as well as impugned order. The appeal is within time.

Admit and register appeal.

Perusal of impugned order shows that Complaint No. 193 of 2014 Arun Kumar Sirohi V/s Secretary, Meerut Development Authority has been dismissed on 25-10-2016 by District Consumer Forum, Meerut in default of complainant.

As the impugned order shows that respondent was not present before District Consumer Forum, therefore, we find no need to issue notice to the respondent.

:2:

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 25-10-2016 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 25-10-2016 passed by District Consumer Forum, Meerut in Complaint Case No. 193 of 2014 Arun Kumar Sirohi V/s Secretary, Meerut Development Authority 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 proceed further in accordance with law. Both parties shall appear before the District Consumer Forum on 21-04-2017 positively.

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