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. 77/2023 (Filed on 20.02.2023)
ORDER DATED: 05.08.2024
Complainant:
Mohammed Ramees A., Ramees Manzil, Vikas Nagar, Sreekariyam P.O., Thiruvananthapuram-695 017.
(Party in person)
Opposite party:
Managing Director, Honda Big Wing, Attingal, Dealer (CBC Motors), TB Junction, CSI Church Road, Kerala, Pin-695 012.
(By Advs. Prabhu Vijayakumar & Aravind J.S.)
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 to appear before this Commission on 16.05.2023. The notice issued from this Commission was accepted by the opposite party on 03.05.2023. On the date fixed for appearance it was submitted that one counsel proposed to appear for the opposite party and sought time for filing vakalath and written version. When the case came up for consideration on 16.06.2023 the opposite party filed vakalath and written version denying the allegations raised by the complainant. Since 18.09.2023 this case is adjourned for filing proof affidavit of the complainant. In spite of giving sufficient opportunities, the complainant failed to file affidavit or documents to prove his case against the opposite party. Since 18.09.2023, the complainant was absent and there was no representation for him. As the complainant was continuously absent and failed to file affidavit or documents, we find that there is no evidence against the opposite party and hence we further find that the complainant has miserably failed to prove 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 5th day of August 2024.
Sd/-
P.V.JAYARAJAN : PRESIDENT
Sd/-
PREETHA G. NAIR : MEMBER
Sd/-
VIJU V.R : MEMBER
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