ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                           UTTAR PRADESH, LUCKNOW       

          A/998/2024

      Prop. Khusi Mobile & Accessories V/s Sri Om Prakash                

            19-07-2024

                   BY MR. JUSTICE ASHOK KUMAR, PRESIDENT

                                                 ORDER

This is an appeal filed by the appellant/opposite party under Section 41 of the Consumer Protection Act, 2019 against the order passed by the learned District Consumer Commission, Basti in Complaint Case No. 316/2022 dated 27-05-2024 by which the aforesaid complaint has been allowed exparte against the appellant/opposite party.

Sri Amit Singh, learned Counsel for the appellant appeared.

            I have heard learned Counsel for the appellant at the admission stage itself and perused the impugned order as well as record.

            The submission of Sri Amit Singh, learned Counsel for the appellant is that the complaint has been filed by the complainant against the appellant/opposite party, who is the seller of mobile set. A mobile set Infinix Hot 10 Play of Rs.8,517/- has been purchased by the complainant from the shop of the appellant/opposite party which was not working properly, therefore, complaint has been made by the complainant who has been advised by the appellant to avail the services of the service centre, however, without availing service or without intimating further anything about the same the complaint has been filed which has been proceeded by the learned District Consumer Commission exparte and the impugned judgment has been passed without affording opportunity to the appellant.

            The submission of the learned Counsel for the appellant is that in fact the manufacturer of the mobile set ought to have been arrayed as opposite party in the complaint which has not been arrayed by the complainant and has not been considered by the learned District Consumer Commission.

            Without going into the merit of the case and considering the facts and circumstances of the case in my opinion at the admission stage itself the appeal is liable to be allowed and the impugned order passed by the District Consumer Commission is set aside and the case is remanded back to the District Consumer Commission, Basti with request to restore the Complaint Case No. 316/2022;

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Om Prakash V/s Prop. Khushi Mobile & Accessories to its original number and decide the complaint expeditiously preferably within a period of six months from the date of production of the certified copy of this order in accordance with law. It is made clear that unnecessary adjournments will not be allowed to either of the parties.

            A copy of this order will be served by the appellant before the District Consumer Commission, Basti within a period of one month from today.

Rs.23,500/- deposited by the appellant under Section 41 of the Consumer Protection Act 2019 in appeal shall be refunded to appellant with interest accrued as per rules.

Let copy of this order be made available to the parties as per rules.

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

                                             ( JUSTICE ASHOK KUMAR )                                     

                                    PRESIDENT                                            

            Pnt.