Uttar Pradesh

StateCommission

A/1457/2024

Pooja Mishra & Another - Complainant(s)

Versus

Shri Rupesh Agnihotri & Another - Opp.Party(s)

Sachindra Mishra

30 Sep 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP
C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010
 
First Appeal No. A/1457/2024
( Date of Filing : 26 Sep 2024 )
(Arisen out of Order Dated 21/08/2024 in Case No. Complaint Case No. CC/418/2018 of District Lucknow-II)
 
1. Pooja Mishra & Another
347/305GHA purana tikaitganj thana bajar khala lko
...........Appellant(s)
Versus
1. Shri Rupesh Agnihotri & Another
RS infra plus private limited registered karyalay 21 awas vikas colony jila hardoi up
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ASHOK KUMAR PRESIDENT
 
PRESENT:
 
Dated : 30 Sep 2024
Final Order / Judgement

Oral

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No. 1457 of 2024

Pooja Mishra & anr.                                          ….Appellants.

Versus

Sri Rupaish Agnihotri & anr.                         ….Respondents.

 

Present:-

Hon’ble Mr. Justice Ashok Kumar, President.

Sri Sachindra Misra, Advocate for the appellanta.

None for the respondents.

Date 30.9.2024

ORDER

(Delivered by Mr. Justice Ashok Kumar, President)

Heard Sri Sachinera Mishra, ld. counsel for the appellants.

Submission of the ld. counsel for the appellants is that the appellant/complainant has already filed the evidence. However, as required by the opposite parties, evidences are not filed even after the orders passed by the ld. District Consumer Commission-II, Lucknow.

It is further submitted that without looking into the aforesaid order sheet namely; that the evidence has not been filed by the opposite parties, the ld. District Consumer Commission has proceeded into the matter and dismissed the complaint on the ground of absence of the complainant’s counsel.

Without going into the merit of the case, I deem it appropriate to set aside the impugned order dated 21.8.2024 passed by the ld. District consumer Commission-II, Lucknow in complaint case no.418 of 2018 and request the ld. District Consumer Commission-II, Lucknow to restore the complaint on its original number and decide the same preferably within a period of 6 months from production of the certified copy of this order without affording any adjournment to either of the parties.

It is made clear that either of the parties will seek adjournment, it will only be allowed on payment of cost to be determined by the ld. District Consumer Commission. 

          The appeal is finally disposed of.

          The Stenographer is requested to upload this order on the website of this Commission at the earliest.

 

 

                                        (Justice Ashok Kumar)                                            

                                                   President                                    

JafRi, PA I

Court 1

 

 

 

 

 

 

 

 
 
[HON'BLE MR. JUSTICE ASHOK KUMAR]
PRESIDENT
 

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