BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P.V.JAYARAJAN                                           :  PRESIDENT

SMT. PREETHA G. NAIR                                     : MEMBER

SRI. VIJU V.R                                                          : MEMBER

C.C. No. 420/2018  (Filed on 22.11.2018)       

ORDER DATED: 08.08.2024

Complainant:

Aswin A. Asokan, S/o Asokan Athikottu, Krishna Kripa, PKRA-45(A), Kavalloorkonam Lane, Pattom P.O., Thiruvananthapuram.

               (By Adv. Indulekha C.)               

Opposite parties:

1. Concept Bikes, Near Al-Uthuman School, Vetturoad, Kazhakuttom, Thiruvananthapuram represented by its Managing Director.

2. The Managing Director, Concept Bikes, Near Al-Uthuman School, Vetturoad, Kazhakuttom, Thiruvananthapuram.

3. Royal Enfield, A Unit of Eicher Motors Ltd., Thiruvattiyoor High Road, Thiruvattiyoor P.O., Chennai represented by its Managing Director.

(By Adv. G.S. Kalkura for OPs 1 to 3)

4. HDFC Bank, Statue Branch, Thiruvananthapuram.  

           (By Adv. T.L. Sreeram)

ORDER

SRI. P. V. JAYARAJAN:  PRESIDENT

          This complaint is filed under Sec. 12 of the Consumer Protection Act, 1986 and the matter stood over to this date for consideration.  After hearing the matter this Commission passed an order as follows:

          2.  This is a complaint filed by the complainant against the opposite parties alleging deficiency in service and unfair trade practice on the part of the opposite parties.  After admitting the complaint, notice was issued to the opposite parties.  After accepting the notice, opposite parties 1 & 2 failed to appear before this Commission and hence on 07.04.2022 opposite parties 1 & 2 were called absent and set ex-parte.  Opposite parties 3 & 4 entered appearance and filed written version denying the allegations raised by the complainant.  Since 18.07.2022, this case is adjourned for filing proof affidavit of the complainant.  In spite of giving sufficient opportunities, the complainant failed to file affidavit or documents to substantiate his case against the opposite parties.  In the absence of any evidence adduced from the side of the complainant, there is no piece of evidence to establish the allegations raised by the complainant against the opposite parties.  In the absence of any evidence, we find that the complainant has miserably failed to prove his case against the opposite parties.  In the above circumstances, we find that this is a fit case to be dismissed for want of evidence.

          In the result, the complaint is dismissed.  There will be no order as to cost.     

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 8^th day of August 2024.            

              Sd/-

P.V.JAYARAJAN                : PRESIDENT 

               Sd/-

PREETHA G. NAIR            : MEMBER  

             Sd/-

jb                                              VIJU V.R                          : MEMBER