STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                    APPEAL NO.  1682 OF 2017

        (Against the judgment/order dated 09-08-2017 in Complaint Case

                             No.03/2017 of the District Consumer Forum, Meerut )

          Santosh Kumar

S/o Late Sri Bhagwat Saroop

R/o C-77O, Vedvyas Puri

Meerut

                                                                    ...Appellant/Complainant

                                                     Vs

1. Oppo Mobiles India Pvt. Ltd.

F-16 Okhla Industrial Area

Phase-1, New Delhi-110020.

2. Ringers, 1, Prem Plaza

P. L. Sharma Road

Meerut-250001

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant        :  Sri S K Srivastava, Advocate.

For the Respondent     :                  

Dated : 26-09-2017

                                            JUDGMENT

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

Sri S K Srivastava, 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 judgment and order the complaint has been dismissed in default of parties. As such the appeal is finally disposed of at the stage of admission itself.

Perusal of impugned order shows that Complaint No. 03 of 2017  Santosh Kumar V/s Oppo Mobiles India Pvt. Ltd. and another has been dismissed on 09-08-2017 by District Consumer Forum, Meerut in default of parties.

As the impugned order shows that respondents were not present before District Consumer Forum, therefore, I find no need to issue notices to the respondents.

:2:

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

In view of above, I am of the view that appeal should be allowed and exparte order dated 09-08-2017 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 09-08-2017 passed by District Consumer Forum, Meerut in Complaint Case No. 03 of 2017 Santosh Kumar V/s Oppo Mobiles 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 25-10-2017 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