ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1468 OF 2019
(Against the order dated 19-11-2018 in Complaint Case
No.1048/2013 of the District Consumer Forum-I, Lucknow)
Smt. Hasibun Nisha
W/o Late Mahboob Alam
R/o House No. 557/422
Om Nagar, Alambag
District Lucknow
...Appellant/Complainant
Vs.
- Union Bank of India
Branch Alambag, Lucknow.
Through its Branch Manager
- Union Bank of India
Zonal Office, Gomti Nagar
Lucknow
- Union Bank of India
Union Bank Building
239, Bidhan Sabha Marg
Nariman Point, Mumbai
Through its Chief Manager.
...Respondents/Opposite Parties
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Appellant : Sri Malik Faiyaz Ahmad, Advocate.
For the Respondent : -
Dated : 27-12-2019
ORDER
MR. JUSTICE A. H. KHAN, PRESIDENT
Sri Malik Faiyaz Ahmad, learned Counsel for the appellant appeared.
I have heard learned Counsel for the appellant and perused memo of appeal as well as impugned order. Appellant is complainant of complaint and appeal is within time.
Admit and register appeal.
Vide impugned order the complaint case has been dismissed in default of complainant. As such the appeal is disposed of finally at the
:2:
stage of admission itself.
Perusal of impugned order shows that Complaint Case No. 1048 of 2013 Smt. Hasibun Nisha V/s Union Bank of India has been dismissed on 19-11-2018 by District Consumer Forum-I, Lucknow in default of complainant whereas opposite party was present before District Consumer Forum.
Appellant has shown sufficient reason for her absence on date fixed.
In view of above, I am of the view that appeal should be allowed and order dated 19-11-2018 should be set aside on payment of cost to the opposite party of complaint.
In view of above, the appeal is allowed. Impugned order dated 19-11-2018 passed by District Consumer Forum-I, Lucknow in Complaint Case No. 1048 of 2013 Smt. Hasibun Nisha V/s Union Bank of India is set aside on payment of cost of Rs.1,000/-. 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.1,000/- before District Consumer Forum on date fixed in this judgment. Thereafter case shall be restored on its original number and notice shall be issued to the opposite party by District Consumer Forum for proceeding further in accordance with law. The appellant shall appear before District Consumer Forum on 10-02-2020 positively.
It is clarified that if the cost is not deposited on the date of appearance fixed above, this order shall have no effect. Said cost if deposited shall be paid to opposite party of complaint.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
Pnt.
