STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  APPEAL NO.  894 OF 2016

        (Against the judgment/order dated 31-03-2016 in Complaint Case

                            No.126/2009 of the District Consumer Forum, Varanasi  )

Keshav Singh

S/o Late Sri Chandrika Singh

M-12/6, Tulsi Manas Mandir Colony

Varanasi

Uttar Pradesh  

                                                                     ...Appellant/Complainant

                                                     Vs.

1. M/s Philips India Limited

Northern Region, 9^th Floor

Amba Deep Building, 14 K.G. Marg

New Delhi-110015

Present Address:

9^th Floor DLF 9B, DLF Cyber City

DLF Phase-3, Gurgaon (Haryana)

2. M/s. Philips Electrics Limited

C-32 Transport Nagar

Kanpur Road, Lucknow-226012.

03.M/s. Videonics

Authorised Service Centre of Opposite –

Parties No. 1 and 2

D-38/132 Hous Katora (Bansphatak)

Varanasi

1. Elmech Engineers

D-84/127 Nagar Nigam Road Sigra

Varanasi-22010

                                                                      ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Sri Om Prakas Jalan, Advocate.

For the Respondent     :                      -

Dated : 17-08-2016

                                            JUDGMENT

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

Sri Om Prakash Jalani, learned Counsel for the appellant is present.

Heard learned Counsel for the appellant. We have perused memo of

:2:

appeal and impugned order.      

Perusal of impugned order shows that Complaint No. 126/2009 Keshav Singh V/s M/s. Philips India Limited and others has been dismissed on 31-03-2016 by District Consumer Forum, Varanasi in default of complainant whereas respondents no. 1, 2 and 4 were present before District Consumer Forum.

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 31-03-2016 should be set aside on payment of cost.

In view of above, the appeal is allowed. Impugned order dated 31-03-2016 passed by District Consumer Forum, Varanasi in Complaint Case No. 126/2009 Keshav Singh V/s M/s. Philips India Limited and others is set aside on payment of cost of Rs.250/- to each respondents/opposite parties no.1, 2 and 4. 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.250/- to each respondents/opposite parties no.1, 2 and 4 by complainant. 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 15-09-2016 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

                                                                                             ( SMT. BAL KUMARI )

                             MEMBER

          pnt