STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                      APPEAL NO. 93 OF 2016

        (Against the judgment/order dated 19-10-2015 in Complaint Case

             No. 181/2014 of the District Consumer Forum, Allahabad )

1. Smt. Sumitra Devi

W/o Ram Niranjan Pathak

2. Ram Niranjan Pathak

S/o Late Ram Das Pathak

Both R/o E.W.S. 12/09

Pretam Nagar, Allahabad.

                                                                     ...Appellants/Complainants

                                                     Vs.

1. The General Manager

North Central Railway

Subedarganj, Allahabad.

2. The Chairman of the Railway Board

Baroda House, Rail Bhawan

New Delhi 

                                                                      ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Sri Sharad Kumar Shukla, Advocate.

For the Respondent     :  Sri P P Srivastava, Advocate.

Dated : 01-08-2016

                                                  JUDGMENT

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

Sri Sharad Kumar Shukla, Learned Counsel for appellants appeared. Sri P P Srivastava, learned Counsel for the respondents appeared.

Heard learned Counsel for the parties. We have perused memo of appeal and impugned order. Appeal is within time.       

Admit and register appeal.        

Perusal of impugned order shows that Complaint No. 181/2014 Smt. Sumitra Devi and another V/s The General Manager, North Central Railway, Allahabad and another has been dismissed on 19-10-2015 by District Consumer Forum, Allahabad in default of complainant.

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

:2:

In view of above, we are of the view that appeal should be allowed and exparte order dated 19-10-2015 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 19-10-2015 passed by District Consumer Forum, Allahabad in Complaint Case No.181/2014 Smt. Sumitra Devi and another V/s The General Manager, North Central Railway, Allahabad 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 01-09-2016 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