ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                         UTTAR PRADESH, LUCKNOW      

                              APPEAL NO.  847 OF 2019

            (Against the order dated 26-04-2019 in Complaint Case

                         No.89/2016 of the District Consumer Forum, Raibareli)

Dr. Dev Kumar Mishra

S/o Late Shiv Shanker Mishra

R/o House No. 104, Vishnu Nagar

Raibareli

                                                                   ...Appellant/Complainant

                                                     Vs.

1. Samsung India Electronics Pvt. Ltd.

4^th Floor, IFCL Tower, Nehru Place

New Delhi-110019

Through Manager

2. Authorised Seller

Samsung Products, Ganpati Agency

Near IDBI Bank, Kutchehri Road

Raibareli

Through Proprietor

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant       :  Sri R. P. S. Chauhan, Advocate.

For the Respondent    :  Sri Ram Gopal, Advocate.                

Dated : 11-11-2019

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

This is an appeal filed under Section-15 of the Consumer Protection Act 1986 before this State Commission against order dated 26-04-2019 passed by District Consumer Forum, Raibareli in Complaint Case No. 89/2016 Dr. Dev Kumar Mishra V/s Samsung India Electronics Private Limited and another whereby the District Consumer Forum has dismissed complaint in default of both parties. 

Feeling aggrieved by the above order passed by District Consumer Forum complainant has filed this appeal.

Learned Counsel Sri R. P. S. Chauhan appeared for appellant.

Learned Counsel Sri Ram Gopal appeared for respondent No.01.

None appeared for respondent No.02 despite sufficient service of

:2:

notice.

I have heard learned Counsel for the parties and perused memo of appeal as well as impugned order.

It is contended by learned Counsel for the appellant that the appellant could not appear before District Consumer Forum on the date fixed due to illness.

Learned Counsel for the respondent No.01 has opposed appeal and contended that the complaint is barred by limitation. The appeal should be dismissed.

I have considered the submissions made by learned Counsel for the parties.

As mentioned above complaint has been dismissed in default of both parties. Vide impugned order no order on merit has been passed by District Consumer Forum. The appellant has shown reason for the absence on the date fixed.

Considering all facts and circumstances of the case it appears just to allow appeal and to remand the case to District Consumer Forum for disposal in accordance with law on merits. The respondent is at liberty to raise plea of bar of limitation in complaint before District Consumer Forum.

In view of above appeal is allowed. The impugned order dated 26-04-2019 passed by District Consumer Forum in above complaint is set aside and the case is remanded back to District Consumer Forum with direction to passed fresh judgment and order in accordance with law on merits after opportunity of evidence and hearing to both parties. It is clarified that respondent is at liberty to raise plea of bar of limitation  before District Consumer Forum.

The parties shall appear before District Consumer Forum on 23-12-2019 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.