State Consumer Disputes Redressal Commission
I P Mishra vs Manager Arif Resorts Ltd And Others on 13 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/1154/2016 (Arisen out of Order Dated 16/05/2016 in Case No. C/643/2010 of District Lucknow-I) 1. I P Mishra Lucknow ...........Appellant(s) Versus 1. Manager Arif Resorts Ltd and others Lucknow ...........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. 1154 OF 2016 (Against the judgment/order dated 16-05-2016 in Complaint Case No. 643/2010 of the District Consumer Forum-I, Lucknow ) I.P. Mishra R/o 3/3217, Vishwas Khand Gomti Nagar, Lucknow ...Appellant/Complainant Vs. Manager, Orphic Resorts Limited Timeshare Division, B-201 Ansal Chamber 1,3 Bhikhaji Coma Place New Delhi Manager Country In (Gomti Hotel) Tej Bahadur, Sapru Marg Lucknow ...Respondent/Opposite Parties BEFORE: HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT HON'BLE MR. J N SINHA, MEMBER
HON'BLE MRS. BAL KUMARI, MEMBER For the Appellant : Sri Neeraj Pandey, Advocate.
For the Respondent : - Dated : 13-06-2016 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. 643/2010 I. P. Mishra V/s Manager, Orphic Resorts Limited and another has been dismissed on 16-05-2016 by District Consumer Forum-I, 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 notices to the respondents.
Appellant has shown sufficient reason for his absence on date fixed. On date fixed the opposite parties were also absent.
In view of above, we are of the view that appeal should be allowed and exparte order dated 16-05-2016 should be set aside.
In view of above, appeal is admitted and allowed. Impugned order dated :2: 16-05-2016 passed by District Consumer Forum in Complaint Case No. 643/2010 I. P. Mishra V/s Manager, Orphic Resorts Limited and another 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 the District Consumer Forum on 15-07-2016 positively.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN ) PRESIDENT ( J N SINHA ) MEMBER ( BALKUMARI ) MEMBER pnt [HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN] PRESIDENT