STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                    APPEAL NO.  1355 OF 2016

        (Against the judgment/order dated 12-05-2016 in Complaint Case

                            No.25/2007 of the District Consumer Forum, Azamgarh )

          Om Prakash

S/o Late Dayaram

Village Sukhipur

Post Bansepura Dandva

District Azamgarhg, U.P.

                                                                    ...Appellant/Complainant

                                                     Vs

1. U. P. Power Corporation Limited

Through Executive Engineer

Electricity Distribution Division-II

Azamgarh, U.P.

2. Government of Uttar Pradesh

Through Collector

Azamgarh

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant        :  Sri Paras Nath Tiwari, Advocate.

For the Respondent     :                   

Dated : 23-08-2017

                                            JUDGMENT

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

Sri Paras Nath Tiwari, learned Counsel for the appellant appeared.

I have heard learned Counsel for the appellant and perused memo of appeal as well as impugned order.

Vide impugned judgment and order the complaint has been dismissed in default of parties. As such appeal is disposed of finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No. 25 of 2007  Om Prakash V/s U. P. Power Corporation Limited and another has been dismissed on 12-05-2016 by District Consumer Forum, Azamgarh in default of complainant.

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

:2:

In view of above, I am of the view that appeal should be allowed and exparte order dated 12-05-2016 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 12-05-2016 passed by District Consumer Forum, Azamgarh in Complaint Case No. 25 of 2007  Om Prakash V/s U. P. Power Corporation 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 28-09-2017 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