STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                    UTTAR PRADESH, LUCKNOW

                                      APPEAL NO.  934 OF 2017

        (Against the judgment/order dated 26-04-2014 in Complaint Case

                          No.418/2008 of the District Consumer Forum, Kushinagar )

Smt. Lalti Devi and others

                                                                  ...Appellants/Complainants

                                                     Vs.

Poorvanchal Vidyut Vitran Nigam

and another

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant        :  Sri B K Upadhyaya, Advocate.

For the Respondent     :                  

Dated : 29-05-2017

                                            JUDGMENT

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

Sri B K Upadhyaya, learned Counsel for the appellants appeared.

I have heard learned Counsel for the appellants and perused memo of appeal as well as impugned order. The appeal is within time.

Admit and register appeal.

Perusal of impugned order shows that Complaint No. 418 of 2008 Smt. Lalti V/s Executive Engineer Vidyut has been dismissed on 26-04-2014 by District Consumer Forum, Kushinagar in default of complainant.

As the impugned order shows that respondents were not present before District Consumer Forum, therefore, we find no need to issue notices to the respondents.

Appellants have shown sufficient reason for their absence on date fixed.

In view of above, we are of the view that appeal should be allowed and exparte order dated 26-04-2014 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 26-04-2014 passed by District Consumer Forum, Kushinagar in Complaint Case No. 418 of 2008 Smt. Lalti V/s Executive Engineer Vidyut is set aside. The complaint is remanded back to the District Consumer Forum

:2:

with a direction to restore it on its original number. After restoration of case the District Consumer Forum shall issue notices 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 29-06-2017 positively.

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

                        ( JUSTICE A H KHAN )

                                                                                                       PRESIDENT                                                                                             

          Pnt