- (1.) Heard Sri Piyush Kumar Singh, learned Counsel for the Petitioner.
(2.) The factual matrix involved in the present case are that initially Sri Arvind Kumar Gupta, opposite party No. 3 had filed a complaint (Complaint Case No. 219 of 2007) under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as 'Act') before the District Consumer Forum, Unnao and the same was decided ex parte by order dated 14.5.2008. Thereafter, the Petitioner moved an application for recalling of the ex parte judgment and order dated 14.5.2008 passed by opposite party No. 1 on 17.2.2009, the same was dismissed by order dated 21.5.2009.
(3.) Aggrieved by the orders dated 14.5.2008 and 21.5.2008 passed by opposite party No. 1, the Petitioner filed an appeal (Appeal No. 1828 of 2009) under Section 15 of the Consumer Protection Act, 1986 before the State Consumer Dispute Redressal Commission, Lucknow and at the admission stage without issuing notice to the Respondent in appeal, the opposite party No. 2 by order dated 27.10.2009 dismissed the same on the ground that the appeal has been filed beyond the period of limitation as provided under Section 15 of the Act, hence the present writ petition.;