BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. P.V.JAYARAJAN : PRESIDENT
SMT. PREETHA G. NAIR : MEMBER
SRI. VIJU V.R : MEMBER
C.C. No. 554/2023 (Filed on 31.10.2023)
ORDER DATED: 02.08.2024
Complainant:
Bobakumar M.N., Kunchu Veedu, Korattuvilakom, Koonthalloor, Chirayinkeezhu, Pin-695 304.
(Party in person)
Opposite party:
Manager, Lulu Connect, Lulu Hypermarket, Kochuveli, Thiruvananthapuram-695 021.
(Ex-parte)
ORDER
SRI. P. V. JAYARAJAN: PRESIDENT
This complaint is filed under Sec. 35 of the Consumer Protection Act, 2019 and the matter stood over to this date for consideration. After hearing the matter this Commission passed an order as follows:
2. This is a complaint filed by the complainant against the opposite party alleging deficiency in service and unfair trade practice on the part of the opposite party. After admitting the complaint, notice was issued to the opposite party to appear before this Commission on 19.12.2023. When the case came up for consideration on 19.12.2023, even after accepting the notice on 04.12.2023, the opposite party failed to appear before this Commission and hence the matter was adjourned to 18.01.2024 for appearance of the opposite party and also for filing written version of the opposite party. When the case came up for consideration on 18.01.2024 the opposite party was absent and there was no representation and hence the opposite party was called absent and set ex-parte. The case was adjourned to 22.03.2024, 03.06.2024 and to this date for filing proof affidavit of the complainant. After filing the complaint till this date the complainant was continuously absent and in spite of giving sufficient opportunities, the complainant failed to file affidavit or adduce evidence by way of producing documents. As such there is no piece of evidence against the opposite party to substantiate the allegations raised by the complainant. In the above circumstances, we find that the complainant has miserably failed to prove his case against the opposite party. In the above circumstances, we find that this is a fit case to be dismissed for want of evidence.
In the result, the complaint is dismissed. There will be no order as to cost.
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 Court, this the 2nd day of August 2024.
Sd/-
P.V.JAYARAJAN : PRESIDENT
Sd/-
PREETHA G. NAIR : MEMBER
Sd/-
VIJU V.R : MEMBER
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