State Consumer Disputes Redressal Commission
Dharmendra Kumar Yadav vs Bank Of India on 15 November, 2017
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/3107/2017 (Arisen out of Order Dated 16/10/2017 in Case No. C/26/2017 of District Rae Bareli) 1. Dharmendra Kumar Yadav S/O Sri Ganga Prasad Yadav Niwasi Nicat Petrol Pump Munshiganj Allahabad Road Rae Bareli ...........Appellant(s) Versus 1. Bank Of India Mukhya Shakha Rae Bareli To Shakha Prabandhak ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN PRESIDENT HON'BLE MRS. Smt Balkumari MEMBER For the Appellant: For the Respondent: Dated : 15 Nov 2017 Final Order / Judgement
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW APPEAL NO. 3107 OF 2017 (Against the judgment/order dated 16-10-2017 in Complaint Case No.26/2017 of the District Consumer Forum, Raibareilly) Dharmendra Kumar Yadav S/o Ganga Prasad Yadav R/o Near Petrol Pump Munshiganj, Allahabad Road Raibareilly ...Appellant/Complainant Vs.
01.Bank of India Main Branch Raibareilly Through Branch Manager
02.National Insurance Co. Ltd.
Branch Raibareilly Through Branch Manager ...Respondents/Opposite Parties BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT For the Appellant : Sri O. P. Duvel, Advocate.
For the Respondent : Dated : 21-11-2017 JUDGMENT MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)
Sri O. P. Duvel, 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 the appeal is disposed of finally at the stage of admission itself.
Perusal of impugned order shows that Complaint No. 26 of 2017 Dharmendra Kumar Yadav V/s Bank of India and another has been dismissed on 16-10-2017 by District Consumer Forum, Raibareilly in default of complainant.
As the impugned order shows that respondents were not present before District Consumer Forum, therefore, I find no need to issue notices :2: to the respondents.
Appellant has shown sufficient reason for his absence on date fixed.
In view of above, I am of the view that appeal should be allowed and exparte order dated 16-10-2017 should be set aside.
In view of above, the appeal is allowed. Impugned order dated 16-10-2017 passed by District Consumer Forum, Raibareilly in Complaint Case No. 26 of 2017 Dharmendra Kumar Yadav V/s Bank of India 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 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 26-12-2017 positively.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN ) PRESIDENT Pnt [HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN] PRESIDENT [HON'BLE MRS. Smt Balkumari] MEMBER