DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Thursday the 27th day of October 2022
C.C. 178/2022
Complainant
Shihabudheen. P. K,
S/o Abdul Salam,
‘Fareed’, Kannancheri,
Kallai, Kozhikode – 673003.
Opposite Party
Azcco Global Fasions,
1st Floor, UGF, 02, 03, Gokulam Galleria mall
Kozhikode – 673004,
Rep. by Proprietor.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 04/07/2022 the complainant purchased dress item for his daughter from the opposite party shop. But the dress was a defective one as there was no stitching on the lower end. On 11/07/2022 he preferred a complaint before the opposite party. But no positive action was taken to redress his grievance. Hence the complaint for directing the opposite party to pay reasonable compensation for the monetary loss and mental agony suffered by him.
- The opposite party was set ex-parte.
- The points that arise for determination in this case are :
- Whether there was any deficiency of service or unfair trade practice on the part of the opposite party, as alleged ?
- Reliefs and costs
- Point No.1 – The opposite party was set as ex-parte. The case was posted for evidence of the complainant several times . But the complainant also remained absent and did not file affidavit or adduce any evidence. The fact that the opposite party was set ex-parte does not automatically entitles the complainant to get the relief sought for. It is for the complainant to prove the allegations in the complaint by adducing proper evidence. But the complainant in this case has utterly failed to prove his case. No deficiency of service or unfair trade practice as alleged is proved against the opposite party.
- Point No.2 : In view of the finding on the above point, the complainant is not entitled to get the relief sought for and the complaint is only to be dismissed.
In the result, CC 178/2022 is dismissed.No order as to costs.
Pronounced in open Commissionon this the 27thday of October2022.
Date of Filing: 22/07/2022
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PRESIDENT
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APPENDIX
Nil
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PRESIDENT
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Forwarded/ By Order
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Assistant Registrar
