ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  1920 OF 2018

            (Against the order dated 16-10-2018 in Complaint Case

                        No.259/2013 of the District Consumer Forum, Meerut)

Smt. Savita Tomar

W/o Devendra Singh

R/o 16, Vrindavan Enclave

Sector 1-G Satabdi Nagar

Meerut

                                                                      ...Appellant/Complainant

                                                     Vs.

Meerut Development Authority

Meerut, Vikas Path, Meerut

Through its Secretary

                                                                      ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant       :  Mr. Piyush Mani Tripathi, Advocate.

For the Respondent    :  Mr. Sarvesh Kumar Sharma, Advocate.               

Dated : 02-11-2018

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Mr. Piyush Mani Tripathi, learned Counsel for the appellant appeared.

Mr. Sarvesh Kumar Sharma, learned Counsel for the revisionist appeared.

I have heard learned Counsel for the parties and perused memo of appeal as well as impugned order. The appeal is within time.

Admit and register appeal.

Vide impugned order the complaint has been dismissed in default of both parties. As such the appeal is disposed of finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No.259 of 2013 Smt. Savita Tomar V/s Meerut Development Authority has been dismissed on 16-10-2018 by District Consumer Forum, Meerut in default

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of both parties. 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.

Appellant has shown sufficient reason for her absence on date fixed.

In view of above, we are of the view that appeal should be allowed and exparte order dated 16-10-2018 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 16-10-2018 passed by District Consumer Forum, Meerut in Complaint Case No. 259 of 2013 Smt. Savita Tomar V/s 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 issue notice to the opposite party of the case and shall proceed further in accordance with law. The appellant shall appear before District Consumer Forum on 18-12-2018 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.