ORAL

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No. 323 of 2020

Smt. Reeta Rawat, Adult w/o Dr. Arun Kumar,

R/o House No.3/536, Ruchi Khand-1. Sharda

Nagar, LDA Colony, Rai Bareilly Road,

Ashiyana, Lucknow.                                           ….Appellant. 

Versus

1- Pepsico India Private Ltd., Frto Ley Division,

    Post Box No.27, DLF Qutub Enclave Phase-1,

    Haryana-1212002 through its Director.

2- Wall Mart India Private Ltd.,

     Sushant Golf City, Near Shaeed Path,

     Lucknow through its Manager.                 ….Respondents.

Present:-

Hon’ble Justice Mr. Akhtar Husain Khan, President.

Hon’ble Mr. Sushil Kumar, Member.

Mr. Mujeeb Effendi, Advocate for Appellant.

None for respondents.

Date: 10.9.2020

JUDGMENT

          This is an appeal filed under section 15 of the Consumer Protection Act, 1986 against order dated 26.3.2019  passed by District Consumer Forum, Kanpur Nagar in complaint no.191 of 2015, Smt. Reeta Rawat vs. Pepsico India Private Ltd. & another whereby District Consumer Forum has dismissed complaint in default.

          Feeling aggrieved complainant has filed this appeal.

          Ld. Counsel Mr. Mujeeb Effendi appeared for appellant.

None appeared for respondents.

Complaint has been dismissed in default of both parties. Therefore, appeal is disposed of finally at this stage without notice to respondents.

(2)

We have heard ld. Counsel for appellant and perused impugned order.

Vide impugned order complaint has been dismissed in default of both parties. Ld. Counsel for appellant has shown reason for absence of appellant/complainant on the date fixed before the District Forum.

          Considering all facts and circumstances of the case as well as submission made by ld. Counsel for appellant, it appears just that the complaint should be decided on merits in accordance with law after affording opportunity of hearing to both parties.

In view of above, appeal is allowed. Impugned order passed by the District Consumer Forum is set aside and the case is remanded back to District Forum with direction to restore the complaint on its original number and to proceed further in accordance with law after notice to respondents who are opposite parties in the complaint.

Parties shall appear before District Forum on 24.11.2020.

(Justice Akhtar Husain Khan)               (Sushil Kumar)    

               President                                           Member                           

Jafri PA II

Court No.1