- Rahul Aggarwal son of Sh. Dinesh Aggarwal, resident of A-630, Raghubir Nagar Tagore Garden, West Delhi-110027.
…..Opposite Parties.
Complaint u/s 12 of the Consumer Protection Act, 1986.
Before Sh. Jaswant Singh………President.
Sh. Vineet Kaushik……… Member
Present: Sh. Sudhakar Mittal, counsel for complainant.
Today the complaint was fixed for issuance of notice to OPs. On the request of ld. Counsel for complainant, dasti notice has been issued by this commission on 26.10.2021. Ld. Counsel for complainant placed on file the said notice without any report. Ld. Counsel for the complainant submits that the complainant went to the office of Ops on the given address for service of Ops, but none has been present there and on enquiry, it has been come to the notice of complainant that the Ops have changed their address. Then the complainant reached on the new address, one lady was sitting there and she has not given any proper reply.
On perusal of the file, it reveals that the present complaint has been filed on 11.03.2019 but till today, same is pending for awaiting service of the Ops. From perusal of file, it is clear that the complainant had sent registered AD for 10.02.2020 and the same was received with the remarks “incorrect address” and thereafter, the complaint was adjourned so many times for the service of Ops. But complainant neither supply the correct address of Ops nor placed on file copy of complaint etc. Complainant has already availed several opportunities for getting service of the Ops but complainant failed to do so. It appears that the complainant is pursuing her complaint in very casual way and she is not interested for perusing the present complaint. Hence, the present complaint is hereby dismissed for want of correct address of Ops. However, the complainant is at liberty to file fresh complaint on the same cause of action in the court of competent jurisdiction, if so desired. In view of the law laid down by Hon’ble Supreme Court in Laxmi Engineering Works Vs. PSG Industries Institute (1995) 3 SCC 583 the complainant would be at liberty to get the benefit of provisions of Section 14 of the Limitation Act, to exclude the period spent in prosecuting the present complaint before this commission while computing the period of limitation prescribed for filing such complaint. The original documents annexed with the complaint, if any, be returned to the complainant by placing on record photocopies thereof. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.
Announced
Dated:22.12.2021
President,
District Consumer Disputes
Redressal Commission, Karnal.
(Vineet Kaushik)
Member
