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. 09/2022 (Filed on 04.01.2022)
ORDER DATED: 31.07.2024
Complainant:
Joseph Hillary, Thaivilakom Veedu, T.C. 32/383 (90/739), Kochuveli, Karikkakom P.O., Thiruvananthapuram-695 021.
(By Adv. G. Anil Kumar)
Opposite party:
Manager, K.J. Square, S.K. Complex, 13/252 –K, Kachani, Aruvikkara, Thiruvananthapuram-695 013.
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 on the part of the opposite party. After admitting the complaint, notice was issued to the opposite party. The notice issued to the opposite party returned with the endorsement ‘no such addressee’ and hence the complainant was directed to take steps against the opposite party. After accepting the subsequent notice the opposite party failed to appear before this Commission and hence on 25.08.2022 the opposite party was called absent and set ex-parte. Since 10.10.2022 this case was adjourned for filing affidavit of the complainant. In spite of giving sufficient opportunities, the complainant failed to file affidavit or documents to substantiate his case against the opposite party. In the absence of any evidence against the opposite party to prove the allegations raised by the complainant, we find that the complainant has miserably failed to establish his case against the opposite party. In view of the above discussions, 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 31st day of July 2024.
Sd/-
P.V.JAYARAJAN : PRESIDENT
Sd/-
PREETHA G. NAIR : MEMBER
Sd/-
VIJU V.R : MEMBER
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