ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  1559 OF 2018

            (Against the order dated 09-05-2018 in Complaint Case

                      No.530/2015 of the District Consumer Forum-II, Lucknow)

          Rajnish Dixit, S/o Sri D S Dixit

R/o House No. 10/415

Mohalla Khalasi Line(Near Y.M.C.A.)

City and District Kanpur Nagar

                                                                  ...Appellant/Complainant

                                                     Vs.

01.Union of India, Ministry of Aviation

Rajeev Gandhi Bhawan

New Delhi

Through its Secretary

          02.Airport Authority of India

                Indira Gandhi International Airport

                New Delhi

                Through Chief Controller ‘Aviation’.

           03.Customer Response Management

                 Delhi International Airport

                 New Delhi

                 Through Managing Director

           04.Jet Airways, S. M. Centre

                 Andheri, Kurla Road, Andheri(East)

                 Mumbai

                 Through its Chief Executive Officer

            05.Chaudhary Charan Singh Airport

                 Amausi, Lucknow

                 Through Chief Controller, Aviation.

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the appellant         :  Sri Anoop Srivastava, Advocate.

For the respondent      :                 

Dated : 06-09-2018

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Sri Anoop Srivastava, 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.

:2:

Admit and register appeal.

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

Perusal of impugned order shows that Complaint No.530 of 2015 Rajnish Dixit V/s Bharat Sang and others has been dismissed on 09-05-2018 by District Consumer Forum-II, Lucknow in default of both parties. As the impugned order shows that respondents were not present before District Consumer Forum, therefore, we find no need to issue notice 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 09-05-2018 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 09-05-2018 passed by District Consumer Forum-II, Lucknow in Complaint Case No. 530 of 2015 Rajnish Dixit V/s Bharat Sang and others 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 notice to the opposite parties of the case and shall proceed further in accordance with law. The appellant shall appear before District Consumer Forum on 25-10-2018 positively.

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

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

                                                                    ( MAHESH CHAND )

                                                                                      MEMBER                                                                                   

            Pnt