DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Thursday the 16th day of March 2023
C.C.18/2023
Complainant
Shahala Risha P P,
Theruvin thalakkal,
Thalakkulathur (P.O)
Kozhikode-673 317.
Opposite Party
Mall of Abayas,
Puthen veetil Towers,Bypass Road
Perunthalmanna (P.O),
Malappuram – 679 322.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
The complainant ordered an abhaya from the opposite party shop through their Instagram page. An amount of Rs.2600/- was paid on 02-12-2022 towards the price of the product. The opposite party had agreed to deliver the item on 27-12-2022. But the opposite party failed to deliver the item in time and delivery was made only on 10-03-2023. By that time, the complainant had purchased another abhaya. Though she demanded refund of the price the opposite party was not amenable for the same. Hence the complaint for refund the price along with compensation.
3. The opposite party was set ex-parte.
4. The points that arise for determination in this complaint are :
- Whether there was any deficiency of service on the part of the opposite party?
- Reliefs and costs.
5. Point No.1 – The opposite party was set as ex-parte. The case was posted for the ex-parte affidavit of the complainant several times. But the complainant also remained absent and did not file affidavit or adduce any evidence. The fact that the opposite party was set ex-parte does not automatically entitle the complainant to get the relief sought for. It is for the complainant to prove the allegations in the complaint by adducing proper evidence. But the complainant in this case has utterly failed to prove her case. No deficiency of service as alleged is proved against the opposite party.
- Point No.2 : In view of the finding on the above point, the complainant is not entitled to get the relief sought for and the complaint is only to be dismissed.
In the result, CC.18/2023 is dismissed.No order as to costs.
Pronounced in open Commission on this the 16th day of March 2023.
Date of Filing: 16/01/2023
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APPENDIX
NIL
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Forwarded/ By Order
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Assistant Registrar
