ORAL

                STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/25/2019

                       (Against the order dated 07-01-2019 in Complaint Case No.

                           665/2012 of the District Consumer Forum-I, Lucknow )

The Millennium School

F-Block, Unitech South City

Rai Bareili Road, Lucknow

Through its Principal

                                                                                      ...Revisionist

                                                     Vs.

          Prabhat Srivastava

S/o Sri S N Srivastava

R/o 1/128, Vastu Khand

Gomti Nagar, Lucknow.

                                                                                      ...Opposite party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Revisionist         :   Sri Mohit Mishra, Advocate.

For the Opposite Party   :  

Dated :  24-04-2019

                                                  ORDER

      MR. JUSTICE A. H. KHAN, PRESIDENT 

        Sri Mohit Mishra, learned Counsel for the revisionist appeared.

I have heard learned Counsel for the revisionist and perused impugned order dated 07-01-2019 passed by District Consumer Forum-I, Lucknow in Complaint Case No. 665 of 2012 Prabhat Srivastava V/s The Millennium School.

Vide impugned order the District Consumer Forum has rejected application moved by revisionist for recalling order to proceed exparte against revisionist who is opposite party in complaint.

It is contended by learned Counsel for the revisionist that case was not listed on 07-08-2018 before District Consumer Forum. Therefore, the revisionist could not file written statement before District Consumer Forum on the date fixed.

:2:

I have considered the submission made by learned Counsel for the revisionist.

Indisputably the complaint was remanded to District Consumer Forum vide order dated 02-07-2018 passed by this State Commission in Appeal No. 540/2014. In remand order 07-08-2018 was fixed date for appearance of revisionist before District Consumer Forum and it was directed that opposite party now revisionist shall file written statement within 30 days from the date of appearance. In above order dated 02-07-2018 passed in appeal it was clarified that no further time shall be given to revisionist for filing written statement. The revisionist who is opposite party in complaint has failed to file written statement within period stipulated by State Commission in above order dated 02-07-2018 passed in above appeal. As such the District Consumer Forum has rightly passed order to proceed exparte against revisionist in complaint case and has rightly rejected application moved by revisionist for recalling exparte order.

The impugned order passed by District Consumer Forum cannot be said to be against law and no interference is justified.

Revision petition is dismissed.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

          Pnt.