IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM
Dated this the 31st Day of January 2023
Present: - Smt.S.Sandhya Rani, Bsc, L.L.B,President(I/C)
Sri.Stanly Harold, B.A.LLB, Member
CC.186/2021
Geevarghese Panicker.C : Complainant
Arappura House
Hospital Junction, Kundara
Kollam District.
[By Adv.K.Abdul Shahan]
V/s
- Popular Dealers : Opposite parties
Represented by its Managing Partner
Thomas Daniel
Registered Office,
Popular Towers
Vakayar, Pathanamthitta.
- Biju Pappachen
Branch Manager
Popular Dealers(Popular Finance)
Perumpuzha Branch, Kuriyan Swarga Auditorium
Perumpuzha P.O, Kollam
Residing at,
Uliyanazhikathu Veedu, Koduvila P.O
Koduvila, Kollam District.
FINAL ORDER
S.SANDHYA RANI, B Sc, LLB, PRESIDENT(I/C)
This is a case based on a complaint filed by the complainant against Popular Dealers represented by its Managing Partner, Branch Manager etc praying to return Rs.3,00,000/- with interest @12% and costs of the proceedings. The opposite parties No.1 and 2 remained exparte. Thereupon the case was posted for recording exparte evidence. Though sufficient opportunity was granted, the complainant failed to produce exparte evidence.
In the circumstances we are of the view that the complainant is not intending to file any proof affidavit. The document produced along with the complaint is only unattested photocopy of fixed deposit receipt which is not admissible in evidence in view of Section 114 1(i) of the Indian Evidence Act. Hence it is not marked in evidence which indicates that there is no evidence to substantiate the averments in the complaint. Hence the complaint is only to be dismissed.
In the result complaint stands dismissed.
No costs.
Dated this the 31st day of January 2023.
S.Sandhya Rani:Sd/-
Stanly Harold:Sd/-
Forwarded/by Order
Senior Superintendent
