ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                         UTTAR PRADESH, LUCKNOW      

                              APPEAL NO.  1288 OF 2019

            (Against the order dated 07-07-2010 in Complaint Case

                     No.648/2005 of the District Consumer Forum-I, Lucknow)

Smt. Maya Devi

W/o Sri S K Agarwal

R/o Flat No. 221-A Chandra Nagri

Aishbag, Lucknow

                                                                    ...Appellant/Complainant

                                                     Vs.

1. M/s Mahindra & Mahindra Limited

Saran Chambers, Park Road

Lucknow

2. M/s Mahindra & Mahindra Finance Services Limited

Hazratganj, Lucknow.

3. M/s Mahindra Narayan Automobile Limited

4 Shahnajaf Road, Hazratganj

Lucknow

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant       :  Sri Istekhar Hasan, Advocate.

For the Respondent    :                 

Dated : 13-11-2019

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Sri Istekhar Hasan, 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 order the complaint case 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 Case No. 648 of 2005 Maya Devi V/s Mahindra & Mahindra and others has been

:2:

dismissed on 07-07-2010 by District Consumer Forum-I, Lucknow in default of both parties.

As the impugned order shows that respondents were not present before District Consumer Forum, therefore, we find no need to issue notice 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 07-07-2010 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 07-07-2010 passed by District Consumer Forum-I, Lucknow in Complaint Case No. 648 of 2005 Maya Devi V/s Mahindra & Mahindra and others is set aside. The complaint case 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 parties of the case and shall proceed further in accordance with law. The appellant shall appear before District Consumer Forum on 23-12-2019 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.