ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 616 OF 2018
(Against the order dated 12-03-2018 in Complaint Case
No.239/2008 of the District Consumer Forum-II, Lucknow)
Ram Naresh Singh
S/o Late Akadashi
R/o 536/Dwiteeya Madeyaganj
Khadra, Sitapur Road
Lucknow
...Appellant/Complainant
Vs.
01.Standard Chartered Bank
Through Managing Director/
Chief Executive Officer
90 Mahatma Gandhi Road
Mumbai-400001
02.Standard Chartered Bank
Branch Shahnajaf Road
Hazratganj, Lucknow.
Through Branch Manager
...Respondents/Opposite Parties
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Appellant : Sri S. K. Verma, Advocate.
For the Respondent :
Dated : 09-04-2018
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT
Sri S. K. Verma, 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 the parties. As such the appeal is disposed of
finally at the stage of admission itself.
Perusal of impugned order shows that Complaint No.239 of 2008 Ram Naresh Singh V/s Standard Chartered Bank has been dismissed on 12-03-2018 by District Consumer Forum-II, Lucknow in default of
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parties. As the impugned order shows that respondents were not present before District Consumer Forum, therefore, I 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 12-03-2018 should be set aside.
In view of above, the appeal is allowed. Impugned order dated 12-03-2018 passed by District Consumer Forum-II, Lucknow in Complaint Case No. 239 of 2008 Ram Naresh Singh V/s Standard Chartered Bank 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 the District Consumer Forum on 17-05-2018 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