STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                      APPEAL NO.  1982 OF 2016

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

                         No.428/2016 of the District Consumer Forum, Kanpur Nagar )

Arun Kumar

S/o Sri Ayodhya Prasad

R/o C-36 L.I.G. Barra 8

Kanpur Nagar

Present Addresss :

307/1 J. Block, Keshav Puram

Kalyanpur, Kanpur Nagar 

                                                                       ...Appellant/Complainant

                                                     Vs.

Branch Manager

Punjab National Bank Barra

Barra 8, District Kanpur Nagar

                                                                      ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Sri Rajesh Kumar Verma, Advocate.

For the Respondent     :                   -

Dated : 06-10-2016

                                            JUDGMENT

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

Sri Rajesh Kumar Verma, 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. 428/2016 Arun Kumar V/s Branch Manager, Punjab National Bank has been dismissed on 09-09-2016 by District Consumer Forum, Kanpur Nagar in default of complainant.

As the impugned order shows that respondent was not present before District Consumer Forum, therefore, we find no need to issue notice  to the respondent.

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

In view of above, we are of the view that appeal should be allowed and exparte order dated 09-09-2016 should be set aside.

:2:

In view of above, the appeal is allowed. Impugned order dated 09-09-2016 passed by District Consumer Forum, Kanpur Nagar in Complaint Case No. 428/2016 Arun Kumar V/s Branch Manager, Punjab National Bank 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 notice to the opposite party of the case and shall proceed further in accordance with law. The appellant shall appear before the District Consumer Forum on 07-11-2016 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