ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1614 OF 2018
(Against the order dated 06-08-2018 in Complaint Case
No.90/2014 of the District Consumer Forum, Chitrakoot)
- Ghanshyam Shukla, S/o Late Shri Ganesh
- Ramesh Chand Shukla
S/o Late Sri Ganesh
- Vidya Sagar Shukla, S/o Late Shri Ganesh
- Rajesh Chandra, S/o Late Sri Ganesh
- Brajesh Kumar, S/o Late Sri Ganesh
All are resident of Village
Lauri, Tehsil & District Chitrakoot
...Appellants/Complainants
Vs.
01.Branch Manager, Allahabad Bank
Branch Mau, District Chitrakoot
02.Contemporary Cashier
Allahabad Bank, Branch Manager
Allahabad Bank
Branch Mau, District Chitrakoot
Through Branch Manager
Allahabad Bank, Branch Mau
District Chitrakoot
...Respondents/Opposite Parties
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
HON’BLE MR. MAHESH CHAND, MEMBER
For the appellant : Sri Naveen Kumar Tiwari, Advocate.
For the respondent :
Dated : 10-09-2018
ORDER
MR. JUSTICE A. H. KHAN, PRESIDENT
Sri Naveen Kumar Tiwari, learned Counsel for the appellants appeared.
We have heard learned Counsel for the appellants 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
:2:
finally at the stage of admission itself.
Perusal of impugned order shows that Complaint No.90 of 2014 Ghanshyam Shukla and others V/s Branch Manager, Allahabad Bank and another has been dismissed on 06-08-2018 by District Consumer Forum, Chitrakoot in default of complainant whereas opposite party was present before District Consumer Forum.
Appellants have shown sufficient reason for their absence on date fixed.
In view of above, we are of the view that appeal should be allowed and exparte order dated 06-08-2018 should be set aside on payment of cost.
In view of above, the appeal is allowed. Impugned order dated 06-08-2018 passed by District Consumer Forum, Chitrakoot in Complaint Case No. 90 of 2014 Ghanshyam Shukla and others V/s Branch Manager, Allahabad Bank and another is set aside on payment of cost of Rs.500/-. The complaint is remanded back to the District Consumer Forum with a direction to restore it on its original number. The complainant shall deposit cost of Rs.500/- before District Consumer Forum on date fixed in this judgment. Thereafter case shall be restored on its original number and notice shall be issued to the opposite parties by District Consumer Forum for proceeding further in accordance with law. The appellant shall appear before District Consumer Forum on 26-10-2018 positively.
It is clarified that if the cost is not paid on the date of appearance fixed above, this order shall have no effect.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
( MAHESH CHAND )
MEMBER
Pnt
