Babu Nainar filed a consumer case on 29 Apr 2022 against Dhakshnamoorthy & anr. in the StateCommission Consumer Court. The case no is FA/569/2012 and the judgment uploaded on 12 Jan 2023.
IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.
Present: Hon’ble THIRU. JUSTICE. R. SUBBIAH : PRESIDENT
THIRU R. VENKATESAPERUMAL : MEMBER
F.A. No. 569 of 2012
(Against the order passed in C.C. No.20 of 2000 dated 18.07.2011 on the file of the D.C.D.R.F., Tiruvannamalai.
Friday, the 29th day of April 2022
Mr.Babu Nainar
S/o. Chinnakulandhai Nainar
Milk Merchant
Nallavanpalayam Village & Post
Thiruvannamalai Taluk & Dist. .. Appellant/ Complainant
- Vs –
1. Dr. Dhakshnamoorthi
No.111 Aiyankula Agraharam Street
Thiruvannamalai.
2. Arunachala Nursing Home
Rep. by its Proprietor
No.9 Main Road
Gandhi Nagar
Thiruvannamalai Tk. & Dist. ..Respondents/ Opposite Parties
Counsel for Appellant/ Complainant : None
Counsel for 1st Respondent/ 1st Opposite Party : Abated
Counsel for 2nd Respondent/ 2nd Opposite Party : M/s.J. Ramakrishnan
O R D E R
R.SUBBIAH J., PRESIDENT
1. This appeal has been filed by the Appellant / Complainant under Section 15 of the Consumer Protection Act, 1986 as against the order dated 28.07.2011 made in C.C. No.20 of 2000 on the file of District Consumer Disputes Redressal Forum, Thiruvannamalai, against the dismissal of the complaint.
2. When the matter came up before this Commission on 24.01.2022, the counsel for the appellant submitted that the papers have been returned to the appellant. Hence, Registry was directed to issue notice to the Appellant, returnable by 07.04.2022. It is found from the records that the said notice has been returned with the postal endorsement “deceased”. Hence, the appeal was adjourned to 29.04.2022, for passing appropriate orders.
3. Today, when the Appeal was taken up, there is no representation for the appellant. Eventhough the postal endorsement reflects that the complainant is deceased, the same cannot be independently acted upon without any reliable sources in the form of Death Certificate. However, considering the fact that the complaint is of the year 2000 and that no purpose could be served keeping the appeal pending any further, the appeal is dismissed for default.
4. In the result, the Appeal is dismissed for default.
R. VENKATESAPERUMAL R.SUBBIAH
MEMBER PRESIDENT
Index : Yes/ No
AVR/SCDRC/Chennai/Orders/April/2022
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