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.267/2020 Filed on 30/11/2020
ORDER DATED: 27/03/2024
Complainant | : | Sureshkumar, S/o.Kuttan Pillai, Chempazhanthi, Thiruvananthapuram – 695 587. (By Adv.Krishnaprasad) |
Opposite parties | : | - Future Retail Ltd., rep. by its Managing Director, having its registered office at Corporate Office, Knowledge House, Shyam Nagar Off Jogeshwari – Vikhroll Link Road, Jogeshwari (East), Mumbai – 400 060.
- Future Retail Ltd., rep. by its Director, having its Zonal Office at VK Kalyani Commercial, 4th & 5th Floor, No.22, Sankey Road, Opposite Bengaluru Development Authority Office, Bengaluru – 560 020.
- Future Retail Ltd., Big Bazar, rep. by its Manager, Pattom, Thiruvananthapuram – 695 004.
|
ORDER
SRI.P.V.JAYARAJAN: PRESIDENT
This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.After hearing the matter the commission passed an order as follows:
This is a complaint filed by the complainant against the opposite parties alleging deficiency in service on the part of the opposite parties. After admitting the complaint notice was issued to the opposite parties. the opposite parties entered appearance and filed written version denying the allegations raised by the complainant.
The case of the complainant was in respect of the arbitrary denial of warranty benefit in respect of a television set purchased by the complainant from the opposite parties. Alleging deficiency in service and unfair trade practice on the part of the opposite parties, the complainant approached this Commission for redressing his grievances. On 27/10/2022 the complainant filed IA.No.582/2022 for appointing an expert commissioner to report the points mentioned in the commission application. The said IA was allowed and the complainant was directed to pay Rs.3,000/- as bata to the expert commissioner appointed by this Commission. When the case came up for consideration on 12/02/2024, it is noticed that the complainant has not paid bata to the commissioner inspite of giving sufficient opportunities for the same. As the complainant failed to pay bata to the expert commissioner, till 12/02/2024, this Commission dismissed the commission application. Subsequently the case was posted for appearance of complainant and for affidavit of the complainant to this date. When the case came up for consideration today, the complainant was absent and there was no representation. As the complainant not filed proof affidavit or marked documents, we find that the complainant has miserably failed to establish his case against the opposite parties. In the above circumstances we find that this is a fit case to be dismissed for want of evidence.
In the result 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 27th day of March, 2024.
Sd/- P.V. JAYARAJAN | : | PRESIDENT |
Sd/- PREETHA G. NAIR | : | MEMBER |
Sd/- VIJU V.R | : | MEMBER |
