ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                           UTTAR PRADESH, LUCKNOW         

          A/933/2023

             Pramod Kumar Soni V/s Visual Spec and others    

          25-07-2023

                   BY MR. JUSTICE ASHOK KUMAR, PRESIDENT

                                                 ORDER

The instant appeal has been filed by the appellant/complainant under Section 41 of the Consumer Protection Act, 2019 against the exparte order dated 12-12-2022 passed by the learned District Consumer Commission-II, Lucknow in Complaint Case No. 132/2021 by which the aforesaid complaint has been dismissed for not taking steps by the complainant and also for non appearance

Sri Jitendra Narain Mishra, learned Counsel for the appellant appeared.

          I have heard learned Counsel for the appellant at the admission stage itself and perused the impugned order as well as record.

          The submission of the learned Counsel for the appellant is that due to lack of knowledge the appellant could not appear before the District Consumer Commission on the date fixed nor he has served the notice upon the opposite party as directed by the learned District Consumer Commission.

          Further submission of the learned Counsel for the appellant is that one opportunity may be provided in the interest of justice.

          Having heard the learned Counsel for the appellant, in my opinion, in the interest of justice one opportunity ought to have been provided to the complainant/appellant for compliance of the orders passed by the District Consumer Commission by serving the notice upon the opposite party which the appellant undertakes to serve within two weeks from today and will submit the misc. application alongwith documents showing the service upon the opposite party.

          Considering the facts and circumstances of the case the appeal is allowed and the impugned order passed by the District Consumer Commission is set aside and the case is remanded back to the District Consumer Commission-II, Lucknow with request to restore the Complaint

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Case No. 132/2021; Pramod Kumar Soni V/s Visual Spec and others to its original number and proceed in the matter after hearing the respective parties and decide the complaint expeditiously preferably within a period of one year from the date of production of the certified copy of this order in accordance with law. It is made clear that unnecessary adjournments will not be allowed to either of the parties. 

A copy of this order will be served by the appellant before the District Consumer Commission-II, Lucknow within a period of four weeks from today.

Let copy of this order be made available to the appellant as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest.

                              ( JUSTICE ASHOK KUMAR )                                   

                                     PRESIDENT 

          Pnt.