Kerala

Thiruvananthapuram

CC/19/13

G R Mathew Xavier - Complainant(s)

Versus

Ideal Home Appliances - Opp.Party(s)

08 May 2023

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.13/19 (Filed on : 19/01/19)

ORDER DATD : 08/05/2023

COMPLAINANT

G.R.Mathew Xavier,

S/o.Mr. Gnanarajan

Blessing Home, TC 87/126(1),

St.Xavier’s Church Junction,

Valiyathura, Thiruvananthapuram – 695 008

(By Adv.Fredy Fernandez)

VS

OPPOSITE PARTIES

1. The Managing Director,

M/s.Ideal Home Appliances,

Opp.Telephone Exchange,

•  

Thiruvananthapuram- 695023

2. The Manager,

M/s.Vee Gee Care Centre,

TC 25/1730, Thapasya,

Manjikulam Junction, Thampanoor,

Thiruvananthapuram – 695001

(By Adv.Gayathri R Krishnan)

ORDER

SRI.P.V.JAYARAJAN      : PRESIDENT

1. This complaint 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 on the part of the opposite parties. After admitting the complaint notice was issued to the opposite parties. The opposite parties entered appearance and filed written version denying the allegations raised by the complainant. After filing the affidavit the complainant failed to appear before this commission to mark the documents or face cross examination as directed by this commission. As the complainant was continuously absent and on 24/09/22 it was reported that the complainant is no more. Hence on 21/11/2022 to ascertain the fact of death of the complainant, this commission issued a notice to the complainant and the same was returned with endorsement addressee expired. Subsequent to that the case was further adjourned for giving a chance to the legal heirs of the deceased complainant to further proceed with this complaint after impleading themselves as additional complainant. When the case came up for consideration today, it is noticed that none of the legal heirs approached this commission to further proceed with this complaint. In view of the death of the original complainant and in the absence of any legal heirs to further proceed with this complaint, we find that this is a fit case to be dismissed as abated.

                   In the result, the complaint is dismissed as abated. 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 8^th day of May 2023.

 

 

                                                                            Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                      Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                              Sd/-   

VIJU.V.R    : MEMBER

 

 

 

Be/