ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  919 OF 2018

            (Against the order dated 16-03-2018 in Complaint Case

                       No.912/2017 of the District Consumer Forum-II, Lucknow)

          Dr. Kunal Bhalla

S/o Sri B K Bhalla

R/o C-33, Mandir Marg

Park Road, P.S. Mahanagar

District Lucknow

                                                                  ...Appellant/Complainant

                                                     Vs.

Recent Kitchen Word

Kamta Check Post

Faizabad Road

Opposite New High Court

Through its Proprietor

Yogesh Vikram Singh

                                                                  ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the appellant         :  Sri Vishnu Kant Dwivedi, Advocate.

For the respondent      :                 

Dated : 21-05-2018

                                            JUDGMENT

MR. JUSTICE A. H. KHAN, PRESIDENT

Sri Vishnu Kant Dwivedi, learned Counsel for the appellant appeared.

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

Admit and register appeal.

Vide impugned judgment and order the complaint has been dismissed in default of the parties. As such the appeal is disposed of

finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No.912 of 2017 Dr. Kunal Bhalla V/s Recent Kitchen Word has been dismissed on 16-03-2018 by District Consumer Forum-II, Lucknow in default of parties. As

:2:

the impugned order shows that respondent was not present before District Consumer Forum, therefore, I find no need to issue notice to the respondent.

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 16-03-2018 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 16-03-2018 passed by District Consumer Forum-II, Lucknow in Complaint Case No. 912 of 2017 Dr. Kunal Bhalla V/s Recent Kitchen Word is set aside. The complaint is remanded back to the District Consumer Forum with a direction to restore it on its original number. 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 03-07-2018 positively.

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

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

                                                                      (MAHESH CHAND )

                                                                                      MEMBER                                                                                   

            Pnt