STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                    UTTAR PRADESH, LUCKNOW

                                      APPEAL NO.  407 OF 2017

        (Against the judgment/order dated 09-01-2017 in Complaint Case

                             No.210/2014 of the District Consumer Forum-II, Agra )

M/s. G. G. Industries (P) Limited

8/390, Bhairon Bazar, Belanganj

Agra

Through its Director/Authorized Person

Sri Shiv Raj Bhargava

S/o Late Sri B. R. Bhargava 

                                                                    ...Appellant/Complainant

                                                     Vs.

01.Tata AIG General Insurance Co. Ltd.

                 Lotus Towers, 1^st Floor,

       Community Centre

       New Friends Colony

New Delhi 110025

Through its Manager/Authorized Person

02.Tata AIG General Insurance Co. Ltd.

     First Floor, F-6, Block No.33/2

Sanjay Palace, Agra.

Through its Manager/Authorized person

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Sri Ram Gopal, Advocate.

For the Respondent     :                  

Dated : 03-03-2017

                                            JUDGMENT

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

Sri Ram Gopal, 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. 210 of 2014 M/s. G. G. Industries (P) Limited V/s Tata AIG General Insurance

:2:

Company Limited and another has been dismissed on 09-01-2017 by District Consumer Forum-II, Agra 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.

In view of above, we are of the view that appeal should be allowed and exparte order dated 09-01-2017 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 09-01-2017 passed by District Consumer Forum-II, Agra in Complaint Case No. 210 of 2014 M/s. G. G. Industries (P) Limited V/s Tata AIG General Insurance Company Limited 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 03-04-2017 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