ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  892 OF 2018

            (Against the order dated 15-02-2018 in Complaint Case

                         No.30/2017 of the District Consumer Forum, Azamgarh)

          Pachanta, S/o Gokul

R/o Faijulla Jahirullah

Pargana & Tehsil Sagdhi

District Azamgarh

                                                                  ...Appellant/Complainant

                                                     Vs.

1. Universal Sompo General Insurance Co. Ltd.

Office No.40 Fourth Floor

Shalimar Lojix 4 Rana Pratap Marg

Lucknow 226001

2. Union Bank of India

Branch Jeeyanpur, Azamgarh 

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the Appellant        :  Sri Paras Nath Tiwari, Advocate.

For the Respondent     :                 

Dated : 01-06-2018

                                            JUDGMENT

MR. JUSTICE A. H. KHAN, PRESIDENT 

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

We 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 complainant. As such the appeal is disposed of finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No. 30 of 2017 Pachanta V/s Universal Sompo General has been dismissed on 15-02-2018 by District Consumer Forum, Azamgarh in default of complainant whereas opposite party No.01 was present before District Consumer Forum.

:2:

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 15-02-2018 should be set aside on payment of cost.

In view of above, the appeal is allowed. Impugned order dated 15-02-2018 passed by District Consumer Forum, Azamgarh in Complaint Case No. 30 of 2017 Pachanta V/s Universal Sompo General 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 complainant shall deposit cost of Rs.500/- before District Consumer Forum on date fixed in this judgment. Thereafter case shall be restored on its original number and notice shall be issued to the opposite parties by District Consumer Forum for proceeding further in accordance with law. The appellant shall appear before District Consumer Forum on 10-07-2018 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 parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

                                                                      (MAHESH CHAND )

                                                                                      MEMBER                                                                                    

            Pnt