STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                 UTTAR PRADESH, LUCKNOW

                                      APPEAL NO.  1020 OF 2016

        (Against the judgment/order dated 08-03-2007 in Complaint Case

                             No.50/2002 of the District Consumer Forum, Sonbhadra )

S P Srivastava

S/o Late K P Srivastava

R/o 140, 3^rd Anpara Thermal Pariyozana Colony

Anpara, District Sonbhadra

Presently Residing at:

House No.72, Mohalla Mishrana

(Back side of Khatri Dharmshala)

Lakhimpur, District Kheri

                                                                      ...Appellant/Complainant

                                                     Vs.

Narendra Kumar Soni

S/o Sri Jwala Prasad

Soni Saraffa, Village Parasi

Post Kakri, District Sonbhadra

                                                                      ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Sri Allok Ranjan, Advocate.

For the Respondent     :                  

Dated : 14-02-2017

                                            JUDGMENT

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

Sri Allok Ranjan, learned Counsel for the appellant appeared.

None appeared for respondent. Notice has been sent to respondent through registered post on 08-08-2016. Same has not been returned unserved. Service of notice is held sufficient.

Heard learned Counsel for the appellant on application of condonation of delay. Sufficient reason has been show for delay of appeal. Delay condonation application is allowed.

Admit and register appeal.

Perusal of impugned order shows that Complaint No. 50 of 2002  S. P. Srivastava V/s Narendra Kumar Soni has been dismissed on

:2:

08-03-2007 by District Consumer Forum, Sonbhadra in default of complainant.

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 08-03-2007 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 08-03-2007 passed by District Consumer Forum, Sonbhadra in Complaint Case No. 50 of 2002  S. P. Srivastava V/s Narendra Kumar Soni 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 shall proceed further in accordance with law. The appellant shall appear before the District Consumer Forum on 16-03-2017 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