| BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20 | | PRESENT SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B., PRESIDENT | | SRI.H.JANARDHAN, B.A.L., LL.B., MEMBER |
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| Complaint Case No. CC/429/2016 |
| | | | 1. 1. Mr.Khaled A.Almukhaizeem | | S/o.Ahmed, Aged About 69 Years, R/o.Huteen, Block No.3 ST.No:302, House No.50, Area code-47743, Kuwait, Rep By his GPA Holder | | 2. 2.Mr.Abhishek Hans, | | S/o.Mr.Satpal Hans, Aged about 30 years R/o.No.C-127, Kirti Nagar, New Delhi-110015 |
| ...........Complainant(s) | |
| Versus | | 1. 1.Dr.Agarwals eye Hospital | | Having its Registered office at: 3rd floor,Bulhari Towers, No.4 Moores Road, Off Greams Road, Near:Asan Memorial school, Chennai-600006 | | 2. 2.Dr.Archana.s., | | Branch Hospital: No.33, Coles Road Bangalore-560005, Rep by its Chairperson Director Doctor Surgeon, Dr.Agarwals eye Hospital No.33, coles road, Frazer town, Bangalore-560005 |
| ............Opp.Party(s) |
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| BEFORE: | | | | HON'BLE MR. SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B., PRESIDENT | | | HON'BLE MRS. SMT. BHARATI.B.VIBHUTE. B.E., L.L.B., MEMBER | | | HON'BLE MR. SRI.JANARDHAN.H MEMBER B.A., L.L.B MEMBER | |
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| For the Complainant: | | For the Opp. Party: | |
| Dated : 16 May 2017 |
| Final Order / Judgement | Dated:16.03.2017 CC.No.429/2016 Case called out, complainant absent. On perusal of the order sheet it reveals that, the stage is set down for evidence of complainant. Since many dates of hearing complainant remained absent. Inspite of the opportunity is given to the complainant to filed his affidavit evidence, but for the reasons best known to the complainant but the complainant did not come forward to file his affidavit evidence. The continuous absence of the complainant and non-filing of the affidavit evidence shows that the complainant is not interested in prosecuting the case. Further the complainant has to prove his case by filing affidavit evidence but the complainant did not turn to file his affidavit evidence. The case of the parties cannot be appreciated merely on the basis of pleadings. The pleadings are not the substitute for evidence. In the attendant circumstances of the case, the complaint is dismissed for want of prosecution. | |
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| | | [HON'BLE MR. SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B.,] | PRESIDENT
| | | | [HON'BLE MRS. SMT. BHARATI.B.VIBHUTE. B.E., L.L.B.,] | MEMBER
| | | | [HON'BLE MR. SRI.JANARDHAN.H MEMBER B.A., L.L.B] | MEMBER
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