Orissa

Kalahandi

CC/62/2019

Dayanidhi Goud , aged about 52 years - Complainant(s)

Versus

Kishore Kumar Jain Proprietor K.K Show Room - Opp.Party(s)

N.R Mishra & Associate

11 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KALAHANDI
NEAR TV CENTRE PADA, BHAWANIPATANA, KALAHANDI
ODISHA, PIN 766001
 
Complaint Case No. CC/62/2019
( Date of Filing : 30 Dec 2019 )
 
1. Dayanidhi Goud , aged about 52 years
S/O- Late Sadhu God At-Rupra,Ps-Kesinga
Kalahandi
Odisha
...........Complainant(s)
Versus
1. Kishore Kumar Jain Proprietor K.K Show Room
Proprietor K.K Show Room At/Po/ps-Bangomunda, Dist-Bolangir
Bolangir
Odisha
2. Dhaneswar Mahar, aged about 45 years,
S/o-Late Dambaru Mahar Village-Jodabandh Po-Gigina , Ps-Kesinga,Dist-Kalahandi
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Aswini Kumar Patra PRESIDENT
 HON'BLE MR. Sudhakar Senapothi MEMBER
 
PRESENT:N.R Mishra & Associate, Advocate for the Complainant 1
 
Dated : 11 Jan 2023
Final Order / Judgement

Heard. Perused the material available on record. This complaint is made against the O.P alleging deficiency of service for non supply of documents of the purchased vehicle, Honda C.B Shine.

 

Sec 36(6) of C.P Act ,2019 casts an obligation on the Dist Commission to decide a complaint on the basis of evidence brought to its notice by the complainant and the service provider/Seller , irrespective of whether the service provider/Seller adduced evidence or not, the decision of the Dist Commission has to be based on evidence relied upon by the complainant. The onus thus is on the complainant making allegation. Here in this case though the complainant alleged deficiency in service for non supply of documents of purchased vehicle, the complainant has failed to adduced any evidence to substantiate his claim. Neither the averment on the complaint petition is supported by any affidavit of the complainant nor the documents filed by him is authenticated to be true, such it can’t be taken as evidence in support of the complainant .Hence, this complaint petition has got no merit , stand dismissed. However no order as to cost.

 

 
 
[HON'BLE MR. Aswini Kumar Patra]
PRESIDENT
 
 
[HON'BLE MR. Sudhakar Senapothi]
MEMBER
 

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