STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW.
APPEAL NO.1610 OF 2016
(Against the order dated 09.12.2014 in Complaint Case No.776/2007 of the District Consumer Forum-I, Lucknow.)
Har Mohan Singh Chopra,
TF-II, Asha Apartment, 19,
Ram Mohan Rai Marg,
Lucknow.
...............Appellant
Vs
PNB Housing Finance Ltd.,
5, Forsyth Road, Dayanidhan Park,
Lalbagh, Lucknow.
Through its Vice President.
...............Respondent
BEFORE:
HON’BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT
HON’BLE MR. RAM CHARAN CHOUDHARY, MEMBER.
For the Appellant : Sri Arvind Kumar, Advocate.
For the Respondent : None present.
Dated: 22.08.2016.
JUDGMENT
MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT (ORAL)
Learned Counsel for appellant appeared. Heard learned Counsel for appellant. We have perused memo of appeal and impugned order. Appeal is within time.
Perusal of impugned order shows that Complaint Case No.776/2007 Harmohan Singh Vs PNB Housing has been dismissed on 09.12.2014 by District Consumer Forum-I, Lucknow in default of complainant. Respondent was also not 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 09.12.2014 should be set aside.
In view of above, appeal is admitted and allowed. Impugned order dated 09.12.2014 passed by District Consumer Forum in Complaint Case No.776/2007 Harmohan Singh Vs PNB Housing is set aside. The complaint is remanded back to the District Consumer Forum with a direction to restore
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it on its original number. After restoration of case the District Consumer Forum shall issue notice 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 22.09.2016 positively.
Let copy of this order be made available to the parties positively within 15 days as per rules.
(JUSTICE AKHTAR HUSAIN KHAN)
PRESIDENT
(RAM CHARAN CHOUDHARY)
MEMBER
Sarika
