ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                           UTTAR PRADESH, LUCKNOW       

          A/202/2024

Sadhan Sahkari Samiti Limited V/s United India Insurance Company Limited and others             

            27-02-2024

                   BY MR. JUSTICE ASHOK KUMAR, PRESIDENT

                                                 ORDER

This is an appeal filed by the appellant/complainant under Section 41 of the Consumer Protection Act, 2019 against the order passed by the learned District Consumer Commission, Pratapgarh in Complaint Case No. 288/2017 dated 01-01-2024 by which the aforesaid complaint has been dismissed on the ground of non-filing of the evidence by complainant.

Sri Ashish Kumar Srivastava, learned Counsel for the appellant appeared.

            We have heard learned Counsel for the appellant at the admission stage itself and perused the impugned order as well as record.

            We have also gone through the memo of appeal and have considered the submission made by learned Counsel for the appellant. The appellant/complainant has given sufficient reasons for his absence.

            Considering the facts and circumstances of the case the appeal is allowed and the impugned order passed by the District Consumer Commission, Pratapgarh is set aside and the case is remanded back to the District Consumer Commission, Pratapgarh with request to restore the Complaint Case No. 288/2017; Kedar Nath Yadav, Prabhari Sachiv, Sadhan Sahkari Samiti Limited V/s United India Insurance Company Limited and others to its original number, on payment of cost of Rs.1,000/- which will be deposited by the complainant in the account of Legal Aid Authority, District Pratapgarh, and decide the complaint expeditiously preferably within a period of six months from the date of production of the certified copy of this order in accordance with law. It is made clear that unnecessary adjournments will not be allowed to either of the parties.

            A copy of this order will be served by the appellant before the District Consumer Commission, Pratapgarh within a period of four weeks from today.

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest.

                ( JUSTICE ASHOK KUMAR )                      ( VIKAS SAXENA )                         

        PRESIDENT                                             MEMBER

            Pnt.