Haryana

Panipat

CC/134/2022

Noor Hasan - Complainant(s)

Versus

HDB Finance Service Company - Opp.Party(s)

Sh. Ashish Bansal

06 Jul 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
PANIPAT
 
Complaint Case No. CC/134/2022
( Date of Filing : 28 Apr 2022 )
 
1. Noor Hasan
S/o Sh. Ali Hasan, age about 32 Years, R/o Shastri Colony, Khatik Basti, Panipat, Tehsil & District Panipat. Aadhar No. 2847 4780 3236.
...........Complainant(s)
Versus
1. HDB Finance Service Company
Situated at Sector 11-12, HUDA, near Lakshmi Rasoi, Panipat through its Branch Manager.
2. Bansal Motors
Madanpur, G.T. Road, Karnal through its proprietor/ authorized person.
............Opp.Party(s)
 
BEFORE: 
  Dr. J.R. Chauhan PRESIDENT
  Smt. Anita Dahiya MEMBER
  Dr. Suman Singh MEMBER
 
PRESENT:
Shri Ashish Bansal, Advocate for complainant.
......for the Complainant
 
Shri Dheeraj Sachdeva, Advocate for OP No.1.
Shri Anil Kumar Rawal, Advocate for OP No.2.
......for the Opp. Party
Dated : 06 Jul 2023
Final Order / Judgement

No evidence of complainant is present. A date is requested on behalf of the complainant, which is opposed. Heard. This case is continuing for evidence of the complainant from 28.09.2022 and today is last opportunity. Moreso, the complainant has already availed five effective opportunities including last opportunity. Hence, there are no sufficient grounds for adjourning this case for the purpose of the evidence of the complainant. Hence, the evidence of the complainant is hereby closed by order of this Commission.

 2.               This complaint has been filed against the respondents seeking compensation of Rs.2,00,000/- on account of deficiency in service by respondents and to release the vehicle of complainant. In written statement, respondent No.1 submitted that the complainant has failed to pay the outstanding amount, so the answering company as per the rights under the agreement repossessed the vehicle after adopting due process whereas respondent No.2 denied all the allegations of complaint in their written statement and prayed for dismissal of the complaint.

 3.               As the complainant has come before this Commission for seeking relief, the onus was on the complainant to prove his case by adducing cogent and convincing evidence. Since the complainant has not produced any evidence on record despite several effective opportunities as stated above and hence, there is no iota of evidence on record to substantiate the allegations of the complaint. Hence, the present complaint is hereby dismissed in lacking of evidence. However, both the parties are left to bear their own costs.

4.                This order be communicated to the parties free of costs and file be consigned to the record-room after due compliance. 

 
 
[ Dr. J.R. Chauhan]
PRESIDENT
 
 
[ Smt. Anita Dahiya]
MEMBER
 
 
[ Dr. Suman Singh]
MEMBER
 

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