State Consumer Disputes Redressal Commission
Arun Kumar Sirohi vs Meerut Development Authority on 23 March, 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/529/2017 (Arisen out of Order Dated 25/10/2016 in Case No. C/193/2015 of District Meerut) 1. Arun Kumar Sirohi Meerut ...........Appellant(s) Versus 1. Meerut Development Authority Meerut ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN PRESIDENT For the Appellant: For the Respondent: Dated : 23 Mar 2017 Final Order / Judgement
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW APPEAL NO. 529 OF 2017 (Against the judgment/order dated 25-10-2016 in Complaint Case No.193/2014 of the District Consumer Forum, Meerut ) Arun Kumar Sirohi S/o Sri Yatendra Kumar Sirohi R/o House No.1101 Sector 15/B, Chandigarh.
Present Address:
House No.259, First Floor Sector-35A, Chandigarh.
...Appellant/Complainant Vs. Secretary Meerut Development Authority Meerut ...Respondent/Opposite Party BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT HON'BLE MRS. BAL KUMARI, MEMBER For the Appellant : Km. Tara Gupta, Advocate.
For the Respondent : Sri Sarvesh Kumar Sharma, Advocate.
Dated : 23-03-2017 JUDGMENT MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL) Km. Tara Gupta, learned Counsel for the appellant appeared.
Sri Sarvesh Kumar Sharma, learned Counsel for the respondent appeared.
We have perused memo of appeal as well as impugned order. The appeal is within time.
Admit and register appeal.
Perusal of impugned order shows that Complaint No. 193 of 2014 Arun Kumar Sirohi V/s Secretary, Meerut Development Authority has been dismissed on 25-10-2016 by District Consumer Forum, Meerut in default of complainant.
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.: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 25-10-2016 should be set aside.
In view of above, the appeal is allowed. Impugned order dated 25-10-2016 passed by District Consumer Forum, Meerut in Complaint Case No. 193 of 2014 Arun Kumar Sirohi V/s Secretary, Meerut Development Authority 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 proceed further in accordance with law. Both parties shall appear before the District Consumer Forum on 21-04-2017 positively.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN ) PRESIDENT ( SMT. BAL KUMARI ) MEMBER Pnt [HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN] PRESIDENT