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Judgment
R.K. Agrawal, President Member
Dr. Pawan Malhan has approached this Commission by filing the present First Appeal under Section 19 of the Consumer Protection Act, 1986 against the Order dated 19.11.2018, passed by the State Consumer Disputes Redressal Commission, Lucknow, Uttar Pradesh (hereinafter referred to as “the State Commission”), whereby the Consumer Complaint No.319/2017, preferred by the Appellant herein has been dismissed for want of prosecution.
Heard Dr. Pawan Malhan, Appellant who has appeared in person and perused the impugned Order, the averments made in the Memo of Appeal as also the documents filed along with it.
Dr. Pawan Malhan, Appellant has submitted that as the matter was lastly adjourned for 19.11.2018 by the State Commission, due to inadvertence by the Clerk of his Counsel the aforesaid date 19.11.2018 was wrongly noted as 29.01.2019 in the case diary. On being enquired about the current status upon official website of the State Commission on 21.01.2019, he found that the case has been dismissed for want of prosecution. Therefore, the Complainant and their Counsel were not aware of the date fixed before the State Commission. Resultantly, the Complainant could not appear before the State Commission on 19.11.2018, on which date the Complaint was dismissed for want of prosecution. He further submitted that in the interest of justice a last opportunity be given to him to appear before the State Commission for pursuing the matter.
Taking into consideration the facts and circumstances of the case and in the interest of justice, I deem it appropriate to give one last opportunity to the Complainant/ Appellant herein to appear before the State Commission.
Accordingly, the impugned Order passed by the State Commission is set aside and the Consumer Complaint No.319 of 2017 is restored to the files of the State Commission. The Appellant herein shall appear before the State Commission on 17.04.2023.
The First Appeal stands allowed.
Pending Applications, if any, also stands disposed of.
The Respondents have not been served so far. It is not necessary to effect service on the Respondents in view of the order passed.