C.C. No.290 of 2019
Present:- None for the complainant.
None for opposite parties.
On the previous date of hearing, Mr. Rose Gupta, Advocate, authorized counsel for the complainant has withdrawn his power of attorney on behalf of complainant namely Shri Sanjay. After this development, this Commission had issued notice to the complainant so that he may be appraised about this development, however, the said notice issued to the complainant has been received back with the report of that no such person in the name of the complainant resides in the said village. However, even no other alternative address is available on record at which complainant could be informed about this development. However, prior thereto this complaint was fixed for recording the evidence of complainant and perhaps this task could not be accomplished without the concurrence of complainant himself. In such a scenario, this Commission does not see any good reason to continue with the present complaint. Even, it was primarily for this reason of inability on the part of the complainant to approach through his authorized counsel Mr. Rose Gupta, that later was compelled to withdraw his power of attorney on his behalf. Accordingly, this entire set of events primarily indicate that perhaps complainant is not taking the present complainant seriously and that is why he is not in touch with his counsel and now it has become impossible for this Commission to approach him so that he could be advised to pursue with the present complaint further.
As such, this Commission is constrained to dismiss this complaint for want of prosecution because despite this complaint having been filing way back in the year 2019 and still complainant has not concluded its evidence. Even today case called several times since morning, but none has put in appearance on behalf of complainant. It is already 1:30 P.M. Waited sufficiently. No further wait is justified. It appears that complainant is not interested to pursue with the present complaint. As such, the present complaint is hereby stands dismissed in default for want of prosecution.
Needless to say that complainant will be within right to file a fresh complaint and in that even he will be protected from the limitation aspect. File be consigned to records.