STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                 UTTAR PRADESH, LUCKNOW

                                      APPEAL NO.  321 OF 2017

        (Against the judgment/order dated 31-01-2017 in Complaint Case

                             No.342/2016 of the District Consumer Forum-I, Lucknow )

Anoop Kumar Agarwal

S/o Late B K Agarwal

R/o Satguru Dham

26 Church Road

119 Vishnupuri, Aliganj

Lucknow

                                                                         ...Appellant/Complainant

                                                     Vs.

M. S. Parshvanath Developers Limited

Through Managing Director

Office Parshvanath Palent

Regional Office Plot No.T.C.G.

8/8, 9/9 Vibhuti Khand

Gomti Nagar, Lucknow.

                                                                  ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the Appellant        :  Sri M. S. Awasthi, Advocate.

For the Respondent     :                  

Dated : 16-02-2017

                                            JUDGMENT

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

Sri M. S. Awasthi, learned Counsel for the appellant appeared.

We 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.

Perusal of impugned order shows that Complaint No. 342 of 2016 Anoop Kumar Agarwal V/s M. S. Parshvanath Developers Limited has dismissed on 31-01-2017 by District Consumer Forum-I, Lucknow in default of complainant.

As the impugned order shows that respondent was not present before District Consumer Forum, therefore, we find no need to issue notice to the respondent.

: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 31-01-2017 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 31-01-2017 passed by District Consumer Forum-I, Lucknow in Complaint Case No. 342 of 2016 Anoop Kumar Agarwal V/s M. S. Parshvanath Developers Limited 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                                                                                            

            ( MAHESH CHAND )

                             MEMBER

          Pnt