Case Record taken up today for hearing. Parties are absent on call. However, in view of Section 38(3) ( c) of C.P.Act,2019 case is taken up for final disposal on merit.
Paused the material available o n record. The complainant has alleged deficiency in service and unfair trade practice on the part of O.ps for non release of maturity amount of 5 nos of deposit each of 15,000/- i.e. total Rs.75,000/- for a period of 96 month made with the O.Ps account of head/scheme i.e. SAHARA E SHINE of the O.Ps .
Notice to the O.Ps in this case is duly served vide register post consignment No.RO936630192IN date of confirmation deliver is 29.07.2020 to the O.P 1 and to the O.P 2 on dt.30.07.2020 vide register post consignment RO936630232IN but none of the O.P s have appeared to contest this complaint.
Many opportunity has been given to the complainant for hearing but it is found that, the complainant is remaining absent consistently. Sec.38(6) of C.P.Act,2019 casts an obligation on the District Commission to decide a complaint on the basis of the evidence brought to its notice by the complainant and the service provider irrespective of whether the service provider adduced evidence or not, the decision of the District Commission has to be based on evidence relied upon by the complainant.
Here in this case, no cogent evidence is adduced by the complainant to substantiate his claim. So also the complaint averment is not support by any affidavit of the complainant and the documents filed there in the complainant petition have not authenticated to be true to be taken as evidence in support of the complainant. No evidence is adduced to prove the complaint allegation though it is the duty of the complainant to prove his case. Law is well settled that, mere pleading cannot be construe as evidence and it may not be taken as evidence. Complainant has failed to prove that, he is a consumer of O.P as defined in C.P Act. and he has failed to prove that there is any negligence and deficiency of service on the part of O.ps.
We found no merit in this complaint. Hence, dismissed against the O.Ps. However, no order as to cost.
Dictated & corrected by me.
Sd/-
President
I agree
Sd/-
Member
Pronounced in open Commission today on this 25th day of April,20123 under the seal and signature of this commission.
The Order/judgment be uploaded forthwith the website of the Commission and free copy of this order be supplied to the respective parties or they may download the same from the Confonet to treat the same as copy of the order received from this Commission.
