STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                    UTTAR PRADESH, LUCKNOW

                                      APPEAL NO.  1584 OF 2017

        (Against the judgment/order dated 17-08-2017 in Complaint Case

                           No.08/2014 of the District Consumer Forum, Azamgarh )

Chandrakesh Chauhan

S/o Late Gudari Chauhan

R/o Mauza Bhauwan

Post Basgaon, Tehsil Mehnagar

Azamgarh

                                                                       ...Appellant/Complainant

                                                     Vs.

01.Vidyut Vitaran Khand-I

     Azamgarh

     Through its Executive Engineer

     Vidyut Vitaran Khand-I

     Azamgarh

02.Vidyut Vitaran Khand 3^rd

      Azamgarh

     Through Executive Engineer

     Vidyut Vitaran Khand 3^rd

     Azamgarh

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant        :  Sri Kamlesh Kumar, Advocate.

For the Respondent     :                  

Dated : 07-09-2017

                                            JUDGMENT

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

Sri Kamlesh Kumar, learned Counsel for the appellant appeared.

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

Admit and register appeal.

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

Perusal of impugned order shows that Complaint No. 08 of 2014 Chandra Kesh V/s Vidyut Vitaran Khand-I and another has been dismissed on

:2:

17-08-2017 by District Consumer Forum, Azamgarh in default of complainant whereas opposite parties 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 17-08-2017 should be set aside on payment of cost.

In view of above, the appeal is allowed. Impugned order dated 17-08-2017 passed by District Consumer Forum, Azamgarh in Complaint Case No. 08 of 2014 Chandra Kesh V/s Vidyut Vitaran Khand-I and another been 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 10-10-2017 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                                                                                    

          Pnt