STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                    UTTAR PRADESH, LUCKNOW

                                      APPEAL NO.  2843 OF 2016

        (Against the judgment/order dated 20-08-2016 in Complaint Case

                        No.117/2015 of the District Consumer Forum-II, Lucknow )

Smt. Samya Shweta Ahmad

W/o Mr. Faizan Ahmad

R/o Sultan Villa, B-116

Sector-C, Mahanagar

Lucknow 

                                                                  ...Appellant/Complainant

                                                     Vs.

1. Nissan Motor India Pvt. Ltd.

Plot No. 1-A, SIPCOT Industrial Park

Mattur Post, Oragadam

Sriperumbudur Taluk

District Kanchipuram-602105(Tamilnadu)

  02.Beeaar Autowheels India Pvt. Ltd.

       Opposite AIR Broadcasting Station

Faizabad Road, Lucknow.

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Sri Sudhanshu Chauhan, Advocate.

For the Respondent     :                  

Dated : 24-11-2016

                                            JUDGMENT

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

Sri Sudhanshu Chauhan, learned Counsel for the appellant appeared.

We 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.

Perusal of impugned order shows that Complaint No. 117/2015 Smt. Samya Shweta Ahmad V/s Nissan Motor India Pvt. Ltd. and another has been dismissed on 20-08-2016 by District Consumer Forum-II.Lucknow in default of complainant.

As the impugned order shows that respondents were not present

:2:

before District Consumer Forum, therefore, we find no need to issue notices to the respondents.

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 20-08-2016 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 20-08-2016 passed by District Consumer Forum-II, Lucknow in Complaint Case No. 117/2015 Smt. Samya Shweta Ahmad V/s Nissan Motor India Pvt. Ltd. and another 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 notices to the opposite parties of the case and shall proceed further in accordance with law. The appellant shall appear before the District Consumer Forum on 22-12-2016 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