ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No.134 of 2014

Akriti Dental Clinic, Shyam Plaza Singar

Nagar, P.O. Alambagh, District, Lucknow

through Dr. Ashish Kumar Khare.                        ...Appellant.

Versus

Ram Sgar s/o Sri Babu Ram, Alambagh.         …Respondent.

Present:-

1- Hon’ble Sri Rajendra Singh, Presiding Member.

2- Hon’ble Sri Sushil Kumar, Member.

Sri Umesh  Chandra Pandey, Advocate for appellant.

Sri V.K. Yadav, Advocate for the respondent.

Date 15.2.2023

JUDGMENT

Per Sri Sushil Kumar,  Member- This appeal has been filed against the judgment and order dated 12.9.213 passed by the ld. District Forum-II, Lucknow in complaint case no.1131 of 2010, Ram Sagar vs. Akriti Dental Clinic on the ground that the ld. District Forum passed the impugned judgment without affording any opportunity of being heard to the appellant.    

           We have heard ld. counsel for the parties and perused the record.

          On perusal of the order sheet dated 4.9.2013, it appears that the date was fixed 8.9.2013 but the date was changed as 6.9.2013 instead of 8.9.2013 and there is no signature of the presiding member or any other member of the bench and the judgment was passed without hearing the appellant. Evidence submitted by the complainant was received on 4.9.2013 and now opportunity was to be given to the opposite party/ appellant to file his evidence in support of the written statement. Therefore, judgment and order passed by the ld. District Forum is not sustainable in the eye of law.

Since the order was passed in the absence of the appellant by cutting/change the date on the order sheet and without making any signature on the changed date. Therefore, judgment and order passed by the ld. District Forum deserves

(2)

to be set aside and an opportunity of being heard must be given to the appellant also.

ORDER

          Appeal is allowed. The impugned judgment and order dated 12.9.2013 passed by the ld. District Forum-II, Lucknow is hereby set aside. The matter is remanded back to the ld. District Forum-II, Lucknow for disposal afresh after providing the opportunity of hearing to the appellant/ opposite party.

          Both the parties are directed to appear before the ld. District Forum-II, Lucknow on 3.3.2023. The ld. District Forum-II, Lucknow is requested to dispose of this case within 3 months and no adjournment should be awarded in favour of  the appellant during the proceedings before the ld. District Forum-II, Lucknow.

          The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.       

        (Sushil Kumar)                              (Rajendra Singh)

              Member                                  Presiding Member

Judgment dated/typed signed by us and pronounced in the open court.

Consign to record.

        (Sushil Kumar)                              (Rajendra Singh)

              Member                                  Presiding Member

Jafri, PA I

Court 2