ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  533 OF 2019

            (Against the order dated 16-01-2019 in Complaint Case

                      No.318/2018 of the District Consumer Forum-I, Lucknow)

Smt. Sarita Singh

W/o Vipin Singh

R/o P Block Flat No.03

Alaknanda Apartment

Gomti Nagar Vistar, Lucknow.

                                                                      ...Appellant/Complainant

                                                     Vs.

1. M/s Whirlpool of India Limited

Corporate Office

Whirlpool House Plot No.40

Sector 44 Gurugram-122002

Haryana

2. Ruchi Electronics

UGFA-4, Mittal Complex

Faizabad Road

Near SBI Bank, Lucknow, U.P.

                                                                 ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant       :  Mr. Omendra Pratap Singh, Advocate.

For the Respondent    :                 

Dated : 25-04-2019

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Mr. Omendra Pratap Singh, 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 complainant. As such the appeal is disposed of finally at the stage of admission itself.

Perusal of impugned order shows that Complaint Case No. 318 of 2018 Smt. Sarita Singh V/s M/s Whirlpool has been dismissed on

:02:

16-01-2019 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, 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 16-01-2019 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 16-01-2019 passed by District Consumer Forum-I, Lucknow in Complaint Case No. 318 of 2018 Smt. Sarita Singh V/s M/s Whirlpool 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 31-05-2019 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.