STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                    UTTAR PRADESH, LUCKNOW

                                      APPEAL NO.  567 OF 2017

        (Against the judgment/order dated 03-02-2017 in Complaint Case

                          No.306/2016 of the District Consumer Forum-I, Lucknow )

Dr. R. S. Gangvar

R/o 5/32, Vipul Khand

Gomti Nagar, Lucknow

                                                                   ...Appellant/Complainant

                                                     Vs.

1. Sun Flame Enterprises Pvt. Ltd.

Mathura Road, Fareedabad

Haryana

2. Balaji Enterprises

2/10, Vineet Khand

Gomti Nagar

Lucknow

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Sanjay Tripathi, Advocate.

For the Respondent     :                  

Dated : 30-03-2017

                                            JUDGMENT

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

Sri Sanjay Tripathi, 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.

Perusal of impugned order shows that Complaint No. 306 of 2016 Dr. R. S. Gangvar V/s Sun Flame Enterprises Pvt. Ltd. and another has been dismissed on 03-02-2017 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, we find no need to issue notices to the respondents.

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

:2:

In view of above, we are of the view that appeal should be allowed and exparte order dated 03-02-2017 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 03-02-2017 passed by District Consumer Forum-I, Lucknow in Complaint Case No. 306 of 2016 Dr. R. S. Gangvar V/s Sun Flame Enterprises Pvt. Ltd. and another 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 27-04-2017 positively.

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

                        ( JUSTICE A H KHAN )

                                                                                                       PRESIDENT                                                                                             

     ( SMT. BAL KUMARI )

                         MEMBER

          Pnt