ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 429 OF 2018
(Against the order dated 08-02-2018 in Complaint Case
No.112/2013 of the District Consumer Forum, Bhadohi)
M/s. Indian Corporate Industries
Madhosingh Bazar Post Auorayee
Tehsil Auorayee,
District Sant Ravidas Nagar,Bhadohi
Proprietor Mohd. Rafi
R/o Modhosingh Bazar
Tehsil & Thana Auorayee
District Sant Savidar Nagar, Bhadohi
...Appellant/Complainant Vs.
- M/s Sadguru Forwards Private Limited
Regd. Office C-1 Second Floor
Sahaar Rai Apartment CHS Limited
Sahaar Upari East Mumbai
Through Chairman, Managing Director
Ranjan J. Goyal-ley
- Arun Saxena
V P Delhi Sadguru Paramhes Pvt. Ltd.
L-5A, 338 Sehravat Kunj Front Ra Mahipalpur
New Delhi
- M/s Sadguru Forwards Private Limited
Regd. Office C-1 Second Floor
Sahaar Rai Apartment CHS Limited
Sahaar Andheri East Mumbai
Through Director Jeeja Bai Aur Gopaley
- Punjab National Bank
Branch Madhosingh, Kabeer Nagar
Bhadohi
- J. P. Pandey
R/o J.R.L. Worldwide First Floor
Niryaat Bhavan-2 Ke First Flight Ke Upar
Niryaat Bhavan, Bhadohi.
- Prem Prakash Mishra
Sales Incharge
Satguru Forwards Private Limited
L-5A/338 Sehravat Kunj Frant Ra
Mahipalpur, New Delhi.
...Respondents/Opposite Parties
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BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Appellant : Km. Tara Gupta, Advocate.
For the Respondent :
Dated : 09-03-2018
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT
Km. Tara Gupta, 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 judgment and order the complaint has been dismissed in default of complainant. As such the appeal is disposed of finally at the stage of admission itself.
Perusal of impugned order shows that Complaint No. 112 of 2013 M/s Indian Corporate Industries V/s M/s Sadguru Forwards Private Limited and others has been dismissed on 08-02-2018 by District Consumer Forum, Bhadohi in default of complainant whereas opposite party was present before District Consumer Forum.
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 08-02-2018 should be set aside on payment of cost.
In view of above, the appeal is allowed. Impugned order dated 08-02-2018 passed by District Consumer Forum, Bhadohi in Complaint Case No. 112 of 2013 M/s Indian Corporate Industries V/s M/s Sadguru Forwards Private Limited and others 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 notices 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 12-04-2018 positively.
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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
Pnt
