STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                      APPEAL NO.  2664 OF 2016

        (Against the judgment/order dated 07-05-2012 in Complaint Case

                          No.78/2005 of the District Consumer Forum, Fatehpur )

1. Dinesh Kumar

S/o Late Sigdaar

2. Rampal

S/o Late Sigdaar

Both R/o Kundrarampur

Block & Post Amouli

Tahsil Bindki, District Fatehpur. 

                                                                       ...Appellants/Complainants

                                                     Vs.

01.Executive Engineer

                 Poorvanchal Vidyut Vitran Nigam Ltd.

                 Office Fatehpur

02.Junior Engineer

                  Poorvanchal Vidyut Vitran Nigam Ltd.

                 Office Fatehpur

03. Poorvanchal Vidyut Vitran Nigam Ltd.

      Vidyut Nagar, D. L.W Bhikharipur

      Varanasi

      Through Managing Director

                                                                      ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

HON’BLE MR. VIJAI VARMA, MEMBER

For the Appellant           :  Km. Tara Gupta, Advocate.

For the Respondents      :                    

Dated : 27-10-2016

                                            JUDGMENT

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

Km. Tara Gupta, learned Counsel for the appellants appeared.

We have heard learned Counsel for the appellants and perused memo of appeal as well as impugned judgment and order. The appeal is within time.

Admit and register appeal.

Perusal of impugned order shows that Complaint No. 78/2005 Dinesh Kumar and another V/s Executive Engineer, Poorvanchal Vidyut Vitran

:2:

Nigam Limited and others has been dismissed on 07-05-2012 by District Consumer Forum, Fatehpur in default of complainant whereas respondents 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 07-05-2012 should be set aside on payment of cost.

In view of above, the appeal is allowed. Impugned order dated 07-05-2012 passed by District Consumer Forum, Fatehpur in Complaint Case No. 78/2005 Dinesh Kumar and another V/s Executive Engineer, Poorvanchal Vidyut Vitran Nigam Limited and others 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 respondent/opposite party 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 25-11-2016 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 appellant positively within 15 days as per rules.

                            ( JUSTICE A H KHAN )

                                                                                                             PRESIDENT

                                                                                             ( SMT. BAL KUMARI )

                             MEMBER

                 ( VIJAI VARMA )

                            MEMBER

          pnt