IN THE CONSUMER DISPUTES REDRESSAL  COMMISSION, KOLLAM

Dated this the  31^st     Day of  January   2023

  Present: -  Smt.S.Sandhya Rani, Bsc, L.L.B,President(I/C)

                   Sri.Stanly Harold, B.A.LLB, Member

                                                CC.414/2020

Mathew Kuriyan                                             :             Complainant

Nediyavila Puthen Veedu Sreyas

Perumpuzha P.O,

Kundara, Kollam-691501.

[By Adv.P.Sajeev Babu]

V/s

1. Mary Rani Trading LLP                          :         Opposite parties

Regd.Office :10/1,Popular Tower

Vakayar P.O, Konni, Pathanamthitta-689698.

Represented by its Designated Partner

Thomas Daniel.

2. Y.Mathew Panicker

Former Branch Manager

Mary Rani Trading LLP

Kundara,Residing at,

Maliyekkal Mathew Bhavan,

Punnamukku, Perumpuzha P.O.-691504.

3. T.Mathunni Panicker

Branch Manager

Mary Rani Trading LLP

Kundara

Residing at Plavila Thekkathil

Raju Nivas, Ambipoika.-691501.

FINAL     ORDER

S.SANDHYA RANI, B Sc, LLB, PRESIDENT(I/C)

This is a case based on a complaint filed by the complainant, Mathew Kuriyan, against Mary Rani Trading LLP represented by its Designated Partner Thomas Daniel, Branch Managers etc praying to return Rs.1,40,000/- with interest @12%  per annum along with compensation and costs of the proceedings.  The opposite parties No.1 to 3 remained exparte. Thereupon the case was posted for recording exparte evidence.  Though sufficient opportunity was granted, the complainant failed to adduce any exparte evidence.  But on 25.01.2023 when the case was called the learned counsel for the complainant has submitted that the complainant is not interested to file any original documents.

In the circumstances it is clear that the complainant is not intending to file any proof affidavit.  The document produced along with the complaint is only unattested photocopy of certificate of contribution to LLP, which is not admissible in evidence in view of Section 114 1(i) of the Indian Evidence Act.  Hence it is not marked in evidence which indicates that there is absolutely no evidence to corroborate the averments in the complaint.  Hence the complaint is only to be dismissed.

In the circumstances we are of the view that there is absolutely no evidence.

In the result complaint stands dismissed.

          No costs.

Dated this the    31^st   day of   January   2023.

S.Sandhya Rani:Sd/-

           Stanly Harold:Sd/-

           Forwarded/by Order

            Senior Superintendent