ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1109 OF 2019
(Against the order dated 29-05-2019 in Complaint Case
No.54/2008 of the District Consumer Forum-I, Agra)
Shiv Dutt Upadhay
S/o Basant Lal Upadhay
R/o Gari Mahasingh, Tehsil Etmaderpur
District Agra
...Appellant/Complainant
Vs.
Pashupati Ice & Cold Storage
Hathras Road, Agra.
Through its Managing Director
Sri Rohit Mittal
...Respondent/Opposite Party
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Appellant : Sri S K Srivastava, Advocate.
For the Respondent :
Dated : 01-10-2019
ORDER
MR. JUSTICE A. H. KHAN, PRESIDENT
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 order passed by District Consumer Forum the complaint case has been dismissed in absence of complainant.
Considering impugned order passed by District Consumer Forum I find it just to dispose of appeal finally without issuing notice to the respondent/opposite party.
It is contended by learned Counsel for the appellant that the impugned order passed by District Consumer Forum is against law. Parties have already adduced evidence. The case was fixed for final argument. Therefore, even in absence of complainant the District Consumer Forum should have passed order on merits.
It is further contended by learned Counsel for the appellant that the learned Counsel engaged by appellant/complainant for conducting the case before District Consumer Forum expired on 27-01-2019. Consequently he could not appear before District Consumer Forum and complaint was dismissed
:2:
in default of complainant.
I have considered the submission made by learned Counsel for the appellant/complainant.
Copy of order sheet as well as copies of pleadings of parties have been annexed with memo of appeal. Perusal of these documents reveals that the parties have exchanged their pleadings and have adduced evidence before District Consumer Forum. Therefore, the District Consumer Forum should have passed order on merits even in absence of complainant. Further the appellant/complainant has shown sufficient reason for absence before District Consumer Forum on date fixed.
Perusal of impugned order dated 29-05-2019 shows that respondent/opposite party was present before District Consumer Forum on that date.
Considering above facts I am of the view that the appeal should be allowed and the impugned order should be set aside on payment of Rs.1,000/- to the respondent/opposite party and the case should be remanded back to District Consumer Forum for passing afresh judgment and order on merits in accordance with law.
In view of above appeal is allowed. The impugned order passed by District Consumer Forum is set aside on payment of Rs.1,000/- to the respondent/opposite party and the case is remanded back to District Consumer Forum for passing afresh judgment and order in accordance with law on merits after giving opportunity of hearing to both parties.
The appellant shall appear before District Consumer Forum on 18-11-2019 and shall deposit above amount of cost positively on that date. On deposit of said cost the District Consumer Forum shall restore the case on its original number and shall proceed further in accordance with law to pass fresh judgment and order on merits of the case. The District Consumer Forum shall issue notice to opposite party to proceed further.
In case appellant fails to deposit above amount of cost on date fixed this order shall stand cancelled.
In this appeal parties shall bear their own costs.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
