STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  3062 OF 2017

        (Against the judgment/order dated 06-10-2017 in Complaint Case

                           No.54/2017 of the District Consumer Forum-I, Lucknow)

          Akshat Jain

S/o Sri Ashish Kumar Jain

R/o B-154, Sector-A

Mahanagar, District Lucknow

                                                                    ...Appellant/Complainant

                                                     Vs.

01.Samsung India Electronics Pvt. Ltd.

(Head Office) 22-24 First Floor

Hori Jons Gold Course Road

Sector-43, Gurgaon

02.Reliance Retail Limited

     46-F B.C.A.-03, Block-B

     Building-4 Reliance Corporate

     Park, Dhansoli Thane-400701

03.Reliance Retail Limited

     Best End Mall-8-A-8 B

     Second Floor Webmall

     Vibhuti Khand, Gomti Nagar

     Lucknow

          04.F-1 Info Solution Services Pvt. Ltd.

                24 M.G. Road Halvasia Court

                Hazratganj, Lucknow

               Through Manager

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant        :  Sri Mahesh Pal, Advocate.

For the Respondent     :                 

Dated : 22-11-2017

                                            JUDGMENT

MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)

Sri Mahesh Pal, learned Counsel for the appellant appeared.

I 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

:2:

dismissed in default of complainant. As such the appeal is disposed of finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No. 54 of 2017 Akshat Jain V/s Samsung India Electronics Private Limited and others has been dismissed on 06-10-2017 by District Consumer Forum-I, Lucknow in default of complainant.

As the impugned order shows that respondents were not present before District Consumer Forum, therefore, I find no need to issue notices

to the respondents.

Appellant has shown sufficient reason for his absence on date fixed.

In view of above, I am of the view that appeal should be allowed and exparte order dated 06-10-2017 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 06-10-2017 passed by District Consumer Forum-I, Lucknow in Complaint Case No. 54 of 2017 Akshat Jain V/s Samsung India Electronics Private Limited and others 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 notices to the opposite parties of the case and shall proceed further in accordance with law. The appellant shall appear before the District Consumer Forum on 26-12-2017 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