STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                    APPEAL NO.  1236 OF 2017

        (Against the judgment/order dated 16-09-2015 in Complaint Case

                       No.1206/2013 of the District Consumer Forum-II, Lucknow )

          Mohd. Umer

          S/o Late Suqrat Mirza Warsi

          R/o M/s. Barabanki Auto Sales & Service Pvt. Ltd.

          G-1237, Munshiganj, District Barabanki.

                                                                      ...Appellant/Complainant

                                                     Vs

1. M/s. Country Vacations

    (A Division of Country Club India Ltd.)

    Head Office : A-29, II Floor Nirala Nagar

    Near Central Bank of India

    Opp. Ram Krishna Math, Lucknow.

    Present Address:

    Country Club India Limited

    6 Mile Stone Sitapur Road

    District Lucknow

   Through its Managing Executive

2. M/s. Country Club India Limited

Registered Office: A 5-9-16

Amrutha Castle, Opp. Secretariate

Saifabad, Hyderabad

Through its Managing Director

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant        :  None appeared.

For the Respondent     :                  

Dated : 31-07-2017

                                            JUDGMENT

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

This is an appeal filed under Section-15 of the Consumer Protection Act 1986 against judgment and order dated 16-09-2015 passed by the District Consumer Forum-II, Lucknow in Complaint Case No. 1206/2013 Mohd. Umer V/s M/s. Country Vacations (A Division of Country Club India Limited) and another whereby the District Consumer Forum has dismissed complaint in absence of complainant for want of evidence.

None appeared for appellant.

:2:

I 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 none appeared on date fixed. As such the District Consumer Forum has dismissed complaint in default of both parties.

Perusal of order-sheets of above complaint annexed with memo of appeal show that on previous dates 06-05-2015 and 19-08-2015 the  quorum of District Consumer Forum was incomplete. As such, the case was not taken up by the District Consumer Forum. On 19-08-2015, 16-09-2015 the date was fixed for complainant’s evidence and on this date the complaint was dismissed vide impugned vide impugned order in default of parties.

Considering above facts it appears just to set aside the impugned order passed by District Consumer Forum and to remand back the complaint 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.

Appeal is allowed accordingly.

Both parties shall appear before District Consumer Forum on 29-08-2017 positively.

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

                        ( JUSTICE A H KHAN )

                                                                                                       PRESIDENT

          Pnt