STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 636 OF 2017
(Against the judgment/order dated 14-02-2017 in Complaint Case
No.60/2011 of the District Consumer Forum-I, Bareilly )
Rajendra Singh Pal
S/o Sri Ram Lal Sharma
R/o Mohalla Viswanathpuram
Subhash Nagar Badaun Road
District Bareilly
...Appellant/Complainant
Vs.
- Manager
I.C.I.C.I. Home Finance (Home Loan)-
Company Limited
Branch Civil Lines, Bareilly
- Prescribed Officer
A R C I L Arms Unit No.401-403
Fourth Floor Vishwadeep Building
Janak Puri,
District Centre New Delhi-58
...Respondent/Opposite Parties
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
HON’BLE MRS. BAL KUMARI, MEMBER
For the Appellant : Sri R P Ojha, Advocate.
For the Respondent :
Dated : 19-04-2017
JUDGMENT
MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT(ORAL)
Sri R P Ojha, learned Counsel for the appellant 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. 60 of 2011 Rajendra Singh Pal V/s Manager, I.C.I.C.I. Home Finance (Home Loan) Company Limited and another has been dismissed on 14-02-2017 by District Consumer Forum-I, Bareilly in default of complainant whereas opposite party No.01 was present before District Consumer Forum.
: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 14-02-2017 should be set aside on payment of cost.
In view of above, the appeal is allowed. Impugned order dated 14-02-2017 passed by District Consumer Forum-I, Bareilly in Complaint Case No. 60 of 2011 Rajendra Singh Pal V/s Manager, I.C.I.C.I. Home Finance (Home Loan) Company Limited 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 case shall be restored only after payment of cost of Rs.500/- to the respondent/opposite party No.01 by complainant. 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 25-05-2017 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 appellant positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
( SMT. BAL KUMARI )
MEMBER
Pnt
