STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                    UTTAR PRADESH, LUCKNOW

                                      APPEAL NO.  387 OF 2017

        (Against the judgment/order dated 01-09-2016 in Complaint Case

                            No.539/2014 of the District Consumer Forum-II, Lucknow )

Smt. Sarojni Lal

W/o Sri Rakesh Lal

R/o Type II-A, 167

S.G.P.I.M.S., Lucknow, U.P.

                                                                       ...Appellant/Complainant

                                                     Vs.

1. The General Manager

Northern Railway

Baroda House, New Delhi.

2. The Divisional Railway Manager

Northern Railway, Lucknow, U.P.

3. The Chief Area Manager

Northern Railway, Varanasi.

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant        :  Sri O P Duvel, Advocate.

For the Respondent     :  Sri P P Srivastava, Advocate.               

Dated : 05-09-2017

                                            JUDGMENT

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

Sri O P Duvel, learned Counsel for the appellant appeared.

Sri P P Srivastava, learned Counsel for the respondents appeared.

I have heard learned Counsel for the parties and perused memo of appeal as well as impugned order.

Perusal of impugned order shows that Complaint No. 539 of 2014 Smt. Sarojni Lal V/s The General Manager, Norther Railway and others has been dismissed on 01-09-2016 by District Consumer Forum-II, Lucknow in default of complainant whereas opposite party was  present before District Consumer Forum.

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 01-09-2016 should be set aside on payment of

:2:

cost.

In view of above, the appeal is allowed. Impugned order dated 01-09-2016 passed by District Consumer Forum-II, Lucknow in Complaint Case No. 539 of 2014 Smt. Sarojni Lal V/s The General Manager, Norther Railway and others is set aside on payment of cost of Rs.500/-. The complaint is remanded back to the District Consumer Forum with a direction to restore it on its original number. The case shall be restored only after payment of cost of Rs.500/- to the respondent/opposite party by complainant. After restoration of case the District Consumer Forum shall proceed further in accordance with law and shall decide the case expeditiously. Both parties shall appear before the District Consumer Forum on 06-10-2017 positively.

It is clarified that if the cost is not paid on the date of appearance fixed above, this order shall have no effect.

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

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT                                                                                    

          Pnt