STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                      APPEAL NO. 1454 OF 2016

        (Against the judgment/order dated 15-03-2016 in Complaint Case

             No. 1096/2012 of the District Consumer Forum-I, Lucknow )

Rizwan Ahmed and another

                                                                           ...Appellants/Complainants

                                                     Vs.

Air India and others  

                                                                           ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Sri A K Srivastava, Advocate.

For the Respondent     :                 -

Dated : 27-07-2016

                                                  JUDGMENT

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

Sri A K Srivastava, Learned Counsel for appellant appeared. Heard learned Counsel for appellant. We have perused memo of appeal and impugned order. Appeal is within time.

Admit and register appeal. 

Perusal of impugned order shows that Complaint No. 1096/2012 Rizwan Ahmed and another V/s Air India and others has been dismissed on 15-03-2016 by District Consumer Forum-I, Lucknow in default of complainant.

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.

In view of above, we are of the view that appeal should be allowed and exparte order dated 15-03-2016 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 15-03-2016 passed by District Consumer Forum-I, Lucknow in Complaint Case No.1096/2012 Rizwan Ahmed and another V/s Air India and others 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

:2:

shall proceed further in accordance with law. The appellant shall appear before the District Consumer Forum on 23-08-2016 positively.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                              ( JUSTICE A H KHAN )

                                                                                                                 PRESIDENT

                                                                                                 ( SMT. BAL KUMARI )

                            MEMBER

            pnt