STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1586 OF 2017
(Against the judgment/order dated 25-07-2017 in Complaint Case
No.269/2014 of the District Consumer Forum-II, Lucknow )
Manoj Kumar
R/o B-401 Rohtas Apartments
Vikas Nagar, Lucknow
...Appellant/Complainant
Vs.
01.Syndicate Bank
Corporate Office Planning –
And Development Department
Syndicate Building 2nd Cross
Gandhinagar, Bangalore-560009
Through its General Manager
02.Branch Manager
Syndicate Bank
Branch M. B. Inter College
C-1039/40, Mahanagar
Lucknow-226006
...Respondents/Opposite Parties
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Appellant : Sri Prashant Vikram Singh, Advocate.
For the Respondent :
Dated : 07-09-2017
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)
Sri Prashant Vikram Singh, 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 dismissed in default of complainant. As such appeal is disposed of finally at the stage of admission itself.
Perusal of impugned order shows that Complaint No. 269 of 2014 Manoj Kumar V/s Syndicate Bank and another has been dismissed on
:2:
25-07-2017 by District Consumer Forum-II, Lucknow in default of complainant whereas opposite parties were present before District Consumer Forum.
Appellant has shown sufficient reason for his absence on date fixed.
In view of above, we are of the view that appeal should be allowed and exparte order dated 25-07-2017 should be set aside on payment of cost.
In view of above, the appeal is allowed. Impugned order dated 25-07-2017 passed by District Consumer Forum-I, Lucknow in Complaint Case No. 269 of 2014 Manoj Kumar V/s Syndicate Bank and another is set aside on payment of cost of Rs.500/-. The complaint is remanded back to the District Consumer Forum with a direction to restore it on its original number. The case shall be restored only after payment of cost of Rs.500/- to the respondents/opposite parties by complainant. 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 10-10-2017 positively.
It is clarified that if the cost is not paid on the date of appearance fixed above, this order shall have no effect.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
Pnt
