Haryana

Yamunanagar

CC/211/2022

Manju Jindal W/o Rakesh Kumar - Complainant(s)

Versus

Ansal Housing & Construction Ltd. - Opp.Party(s)

Anil Aggarwal

09 Aug 2022

ORDER

CC No.211 of 2022.

Manju Jindal vs. Ansal Housing.

 

Present:     None for complainant.

                  (Notice of complaint was not ordered against opponent No.1).

      None for opponent No.2.

                 

               Neither complainant appeared nor compliance of order dated 1.6.2022 has been done.  As per section 38(3) ( c) of the Act, in case complainant failed to appear before the Commission, then, complaint is not required to be dismissed on account of default in appearance, rather, it is required to be decided on merits, but in the present case in hand position is otherwise. It is well settled principal of law as well as principal of justice, no one can be condemn unheard. No doubt, the Commission vide order dated 13.5.2022 issued the notice of the complaint against the opponent No.2, but the same has not been served upon the opponent No.2 and registered post received back undelivered with the report “no such person at the address”.  Thereafter, vide order dated 1.6.2022, the complainant was directed to place on record correct address of the opponent No.2 and one registered post envelop on 8.7.2022 and on 8.7.2022, the complainant failed to appear before this Commission, rather, some proxy Advocate appeared, but compliance of order dated 1.6.2022 has not been done and keeping in view the suspension of work by the members of the bar, proceedings were adjourned to 9.8.2022 i.e. today itself for compliance of order dated 1.6.2022. Today i.e. on 9.8.2022 the complainant has not appeared either in person or through any Advocate, nor compliance of order dated 1.6.2022 has been done.

                 Without commenting anything on the merits of the complaint, the complaint is dismissed for want of compliance of order dated 1.6.2022 by the complainant. However, complainant shall be at liberty to file a fresh complaint against the opponent, if he comes to know about the correct address of the opponent and in the fresh complaint, he will disclose the particular of this complaint and its fate.  File be consigned to the records.

 

                                                                        President,

                                                                        DCDRC, YNR,

L.Member.                 Member.                       9.8.2022.

 

 

Typed by Gaphoor Deen, Assistant.