BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. P.V.JAYARAJAN : PRESIDENT
SMT. PREETHA G. NAIR : MEMBER
SRI. VIJU V.R : MEMBER
C.C. No. 395/2023 Filed on 03.08.2023
ORDER DATED: 19.06.2024
Complainant:
Sreelal S., Chandrabhavanam, Dhanuvachapuram, Thiruvananthapuram-695 503.
(Party in person)
Opposite party:
Manager, Royal Enfield Mount Poonamallee Road, Kattuppakkam, Chennai-600 056.
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 ‘refused’. As the opposite party refused to accept the notice, the process of notice is complete. As there was no representation for the opposite party and as the opposite party was absent, this Commission declared the opposite party as ex-parte on 16.10.2023. Since 29.11.2023 this case is adjourned for filing proof affidavit of the complainant. As the complainant was continuously absent, this Commission issued notice to the complainant to appear before this Commission today to further proceed with this complaint. When the case came up for consideration today, it is noticed that the notice issued to the complainant was served on 29.04.2024. Even after accepting the notice the complainant failed to appear before this Commission as directed by us. In spite of giving sufficient opportunities, the complainant failed to adduce any evidence to substantiate his case against the opposite party. In the above circumstances, we find that the complainant has miserably failed to establish his case against the opposite party. In the absence of any piece of evidence against the opposite party, 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 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 Court, this the 19th day of June 2024.
Sd/-
P.V.JAYARAJAN : PRESIDENT
Sd/-
PREETHA G. NAIR : MEMBER
Sd/-
VIJU V.R : MEMBER
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