It is reported that the complainant has left the given address.  This is a classic case.  The complaint was filed on 15.2.2002 which was registered by the Registry in the year 2006.  It is listed before this Bench for the first time today 26.9.2013.  It also transpired that the complainant has never approached the Commission thereafter.  The office report has been filed, which runs as follows:

“It may here be submitted that prior to the year 2006 the cases received defective in nature were not being registered until the defects were removed.  However, when a large number of defective cases were pending without numbers difficulties were being faced to connect the documents filed by the parties in such defective cases.  The situation was brought to the notice of Hon’ble Mr. Justice M.B. Shah, the then President of the Commission.  His Lordship after consultation with the Hon’ble Members orally directed that all defective cases be allotted case numbers and to list such cases before the Hon’ble Bench for their disposal.

Consequently, defective cases filed up to the year 2006 and registered in 2006, are still not in order although more than 10 years have passed in the process.  This is a clear case, where the complainant(s)/Ld. counsel for the complainant(s) had chosen to remain quite, after filing the case.  However, the case is hanging fire as on date.

The instant was filed vide Diary No. 10898, dated 15.07.2002.  This case was processed in 2002 indicating certain defects in the matter and a defect notice was issued.  Thereafter, no response has come from the Complainant(s)/Ld. Counsel for the complainant(s).

It is further submitted that on physical verification of the files it was noticed that some cases are still pending for admission hearing.  Accordingly, a fresh defect notice / hearing notice for today has been issued to the Complainant(s)/Ld. Counsel for the Complainant(s) for their appearance and for removal of defects.  A defect notice was issued to the complainant on 02.07.2013, and of the same has been received back with the postal remarks “left”

Accordingly, the matter is listed before the Registrar’s Court on 21.08.2013, with this Office Report for suitable orders / directions in the matter please”.        

Submitted please.”

          It is also noteworthy that the complainant, Deepak Cements & Chemicals (P) Ltd. is not represented by any advocate and the complainant is also vague and evasive.  The complainant has not co-operated. Though the report is not very satisfactory yet we have no option but to dismiss the case for non-prosecution.  The complaint is dismissed for non-prosecution.  In case the complaint is able to receive this order or comes to know through anybodyelse, he is at liberty to file the application for restoration of this complaint as per law.  Copy of this order must be sent to the complainant at the given address and its proof be maintained.  In case the complainant has left the given address as already reported, in that event, we have no other option but to dismiss the case in default.