ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  391 OF 2019

            (Against the order dated 20-12-2018 in Complaint Case

                     No.1251/2013 of the District Consumer Forum-II, Lucknow)

Ram Mohan Rathore

S/o Ashok Kumar Rathore

R/o Village & Post Kailesh Nagar

Kyolari, Jalaun.

                                                                      ...Appellant/Complainant

                                                     Vs.

1. Indian Institute of Planning Management

Tower-I, I.I.P.M. Tower, B-27

Kutub Institutional Area

New Delhi-110016

Through its Manager

2. Indian Institute of Planning Management

A-16 Ashok Marg, Hazratganj, Lucknow

Through its Manager/Principal

                                                                 ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant       :  Mr. Alok Sinha, Advocate.

For the Respondent    :                 

Dated : 25-03-2019

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Mr. Alok Sinha, 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 order the complaint has been dismissed in default of both parties. As such the appeal is disposed of finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No. 1251 of 2013 Ram Mohan Rathore V/s Indian Institute of Planning Management and another has been dismissed on 20-12-2018 by District Consumer Forum-II, Lucknow in default of both parties.

As the impugned order shows that respondents were not present

:2:

before District Consumer Forum, therefore, we find no need to issue notice 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 20-12-2018 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 20-12-2018 passed by District Consumer Forum-II, Lucknow in Complaint Case No. 1251 of 2013 Ram Mohan Rathore V/s Indian Institute of Planning Management 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 notice to the opposite parties of the case and shall proceed further in accordance with law. The appellant shall appear before District Consumer Forum on 30-04-2019 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.