State Consumer Disputes Redressal Commission
Sundra Kumar Yadav vs U.P. Sarkar on 27 June, 2016
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/2428/2015 (Arisen out of Order Dated 21/07/2015 in Case No. C/198/2009 of District Azamgarh) 1. Sundra Kumar Yadav Azamgarh ...........Appellant(s) Versus 1. U.P. Sarkar Azamgarh ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN PRESIDENT For the Appellant: For the Respondent: ORDER STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW APPEAL NO. 2428 OF 2015 (Against the judgment/order dated 21-07-2015 in Complaint Case No. 198/2009 of the District Consumer Forum, Azamgarh ) Surendra Kumar Yadav and others ...Appellants/Complainants Vs. Government of U. P. and others ...Respondents/Opposite Parties BEFORE: HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT HON'BLE MR. R C CHAUDHARY, MEMBER
For the Appellant : Sri Paras Nath Tiwari, Advocate. For the Respondent : - Dated : 27-06-2016 JUDGMENT MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)
Learned Counsel for appellant appeared. Heard learned Counsel for appellant. We have perused memo of appeal and impugned order. Appeal is within time.
Perusal of impugned order shows that Complaint No. 198/2009 Surendra Kumar Yadav V/s Government of U. P. has been dismissed on 21-07-2015 by District Consumer Forum, Azamgarh in default of both parties.
As the impugned order shows that respondent was not present before District Consumer Forum, therefore, we find no need to issue notice to the respondent.
Appellant has shown sufficient reason for his absence on date fixed. On date fixed the opposite party was also absent.
In view of above, we are of the view that appeal should be allowed and exparte order dated 21-07-2015 should be set aside.
In view of above, appeal is admitted and allowed. Impugned order dated 21-07-2015 passed by District Consumer Forum in Complaint Case No. 198/2009 Surendra Kumar Yadav V/s Government of U. P. 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 party of the case and shall proceed further in accordance with law. The appellant shall appear before the District Consumer Forum on 27-07-2016 positively.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN ) PRESIDENT ( R C CHAUDHARY ) MEMBER pnt [HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN] PRESIDENT