Haryana

Kurukshetra

292/2018

Mai Chand - Complainant(s)

Versus

Bala Ji Tractors - Opp.Party(s)

Shyam Jangra

05 Aug 2022

ORDER

 

CC No.292 of 2018.

Mai Chand Versus Shri Balaji.

 

Present:       None for the complainant.               

                   Shri Vivek Saini, Adv. for OP No.2.

                   OPs No.3 & 4 ex-parte.

         

                   Today the case was fixed for filing correct address of OP No.1 along with registered cover by the complainant. However, case has been called several times since morning, but no one appeared on behalf of complainant, before the Commission, up to 03:30 PM. Further wait is unjustified.        Perusal of case file shows that complainant has not done the compliance of order dated 04.08.2022, despite availing 15 effective opportunities and more than reasonable time i.e. about 3 years. Notice of the complaint was ordered against OP No.1, but the same was not served upon it due to incorrect address. Thereafter, vide order dated 18.03.2019, complainant through counsel was directed to place on record correct address and registered cover of OP No.1, but he failed to provide the same till today. This is a complaint under the provisions of erstwhile Consumer Protection Act, 1986, in which, there is no bar to dismiss the complaint on account of default in appearance. Since the complainant himself fails to do the necessary compliance of the order of the Commission to get the notice of the complaint delivered upon OP No.1 and non-appearance of complainant or his counsel on today, means, the complainant is no more willing to prosecute this complaint, therefore, the present complaint is hereby dismissed, for want of prosecution. However, in the interest of natural justice, permission is granted to the complainant, to file afresh complaint against the OPs, if he so desires or advised, while disclosing correct/fresh address of OP No.1 and fresh complaint shall be subject to period of limitation. Certified copy of this order be supplied to the parties concerned, as per Rules. File be consigned to the records, after due compliance.

 

                                                                                      President,

                                                                                      DCDRC, Kurukshetra,

          Member.                                                               05.08.2022.