Kerala

Thiruvananthapuram

CC/41/2022

Beenakumari - Complainant(s)

Versus

Devi motors - Opp.Party(s)

28 Apr 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

 

               SRI.P.V.JAYARAJAN           : PRESIDENT

          SMT.PREETHA G NAIR     : MEMBER

           SRI.VIJU.V.R                       : MEMBER

CC.NO.41/2022 (Filed on : 28/01/2022)

ORDER DATED : 28/04/2023

COMPLAINANT

Beenakumari.A

W/o.Rajendran

Karthika, Mudiyakkode,

Cherunniyoor.P.O, Varkala

Pin – 695 142

(Party in person)

                                                          VS

OPPOSITE PARTY

The Manager,

Devi Motors (TVS)

Puthenchantha, Varkala.P.O

Thiruvananthapuram – 695141

(By Adv.V.S.Anil kumar & Adv.Sreekumar.A.S)

ORDER

SRI.P.V.JAYARAJAN                  : PRESIDENT

1. This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2. This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party. After admitting the complaint, notice was issued to the opposite party. The opposite party entered appearance and filed written version denying the allegations raised by the complainant.

3.       The case of the complainant is in respect of purchase of two wheeler from the opposite party and the subsequent defect occurred to the vehicle. Alleging deficiency in service and unfair trade practice on the part of the opposite party, the complainant approached this commission for redressing her grievances. After admitting the complaint notice was issued to the opposite party. The opposite party entered appearance and filed written version denying the allegations raised by the complainant.

4. The issues to be considered in this case

1. Whether there is any deficiency in service or unfair trade practice on the part of the opposite parties.
2. Whether the complainant is entitled for the relief claimed in the complaint.
3. Order  as to cost.

5.       Heard. To substantiate the case of the complainant inspite of giving sufficient opportunities, the complainant failed to file affidavit or mark documents to establish the case of the complainant against the opposite party. On the other hand, the opposite party filed written version denying the allegations raised by the complainant. Since 27/06/2022 this case is adjourned only for filing affidavit of the complainant. As the complainant was continuously absent, a notice was issued by this commission directing the complainant to appear before this commission on 30/07/2022 to further proceed with this complaint. After accepting the notice the complainant appeared before this commission on 30/07/2022 and sought time for filing affidavit. Subsequent to that also several adjournments were granted to the complainant to file affidavit. As the complainant failed to file affidavit or mark documents to prove             her case against the opposite party, we find that the complainant has miserably failed to establish her case against the opposite party. In view of the above discussions, we find that this is a fit case to be dismissed.

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

          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 Commission, this the 28^th day of April 2023.

                                                                                                 Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                       Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                        Sd/-

                          VIJU.V.R        : MEMBER

 

 

 

 

 

 

 

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