ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  317 OF 2018

            (Against the order dated 29-11-2017 in Complaint Case

                        No.212/2014 of the District Consumer Forum, Azamgarh)

          Shailesh Kumar Singh

S/o Late Sri Bevan Singh

Village & Post Hafizpur

Tehsil Sadar

District Azamgarh, U.P.

                                                                  ...Appellant/Complainant

                                                     Vs.

Union Bank of India

Branch Ukrouda

District Azamgarh

Through Branch Manager

Union Bank of India

Branch Ukrouda

District Azamgarh, U.P.

                                                                  ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant        :  None appeared.

For the Respondent     :                 

Dated : 07-03-2018

                                            JUDGMENT

MR. JUSTICE A. H. KHAN, PRESIDENT 

I have 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 complainant. As such the appeal is disposed of

finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No.212 of 2014 Shailesh Kumar Singh V/s Union Bank of India has been dismissed on 29-11-2017 by District Consumer Forum, Azamgarh in default of complainant. As the impugned order shows that respondent was not present before District Consumer Forum, therefore, I 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, I am of the view that appeal should be allowed and exparte order dated 29-11-2017 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 29-11-2017 passed by District Consumer Forum, Azamgarh in Complaint Case No. 212 of 2014 Shailesh Kumar Singh V/s Union Bank of India 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 12-04-2018 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