Kerala

Thiruvananthapuram

CC/18/279

MAHESH K B - Complainant(s)

Versus

Filpkart - Opp.Party(s)

28 Nov 2024

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.279/18 (Filed on : 28/07/2018)

ORDER DATED : 28/11/2024

COMPLAINANT

Mahesh.K.B

Koickal,

NSS Karayogam Road,

Anayara.P.O

Trivandrum – 695029

(Party in person)

VS

OPPOSITE PARTIES

1. The Authorised Signatory,

Flipkart Internet Services Pvt Ltd,

Vaishnavi Summit,

Ground Floor, 7^th Main,

80 Feet Road, 3^rd Block, Koramangala Industrial Layout,

Bangalore – 560034

(OP1 by Adv.Shiby.P.P)

2. Authorised Signatory,

Motorola Excellence Centre,

415/2, Mehrauli – Gurgaon Road,

Sector -14, Gurgaon (Haryana)

• 122001

ORDER

SRI.P.V.JAYARAJAN      :PRESIDENT

 

1. This complaint is filed under section 12 of Consumer Protection Act 1986 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 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. The first opposite party entered appearance and filed written version denying the allegations raised by the complainant. The notice issued to second opposite party was returned with endorsement refused and hence the second opposite party was called absent and set exparte on 13/06/2019. The complainant filed affidavit on 26/08/2019. Subsequently the complainant sought time for filing fresh affidavit. After filing fresh affidavit the complainant was continuously absent and not marked the documents. Inspite of giving sufficient opportunities, the complainant failed to appear before this commission for marking the documents. As such there is no piece of evidence from the side of the complainant substantiate the allegations raised by the complainant against the opposite parties. In the absence of any evidence from the side of the complainant, we find that the complainant has miserably failed to prove his case against the opposite parties. In view of the above discussions, 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 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 November 2024.

                                                                                      Sd/-

P.V.JAYARAJAN       : PRESIDENT

 

 

                                                                                     Sd/-

PREETHA G NAIR     : MEMBER

 

 

                                                                                     Sd/-

                             VIJU.V.R                   : MEMBER

be/