(1)               This is an appeal filed by the original complainant against the dismissal order dated 25/11/2004 in Consumer Complaint No.121/2002 passed by District Forum, Solapur.  Complainant had filed consumer complaint against Mother Teresa Charitable Dental Hospital Research Centre, Solapur.   According to the complainant, he had approached opponent dental hospital for fixing denture having lost his natural teeth.  He had to pay `3,000/- on 19/05/2001 and again he paid `3,000/- on 24/07/2001 and thereafter he was given denture and told that he had to practise so that it would not hurt.  According to the complainant, he was not comfortable in using the same.  He, therefore, approached the opponent.  He seems to have been given one more denture on finding that the complainant was not comfortable.  It was found by the District Forum, Solapur that the complainant was still using the denture given by the opponent.  The forum below held that the complainant has not adduced any evidence to show that the denture is faulty and as such the forum below dismissed the complaint.  Aggrieved by the dismissal order, this appeal has been preferred by the complainant.

(2)               This appeal was lying unattended from 2004.  The appellant also has not bothered to take circulation for getting first order passed.  Therefore, on 10/08/2011, this matter was taken from sine-die list and placed before us for disposal.  Intimation of that date was displayed on notice board and published on internet board of the Commission.   On 10/08/2011, on finding that appellant as well as the respondent were absent, we directed office to issue notice informing next date of hearing i.e. 11/10/2011 to both the parties.  Accordingly, on 01/10/2011, office issued notices to the parties.  On 11/10/2011 i.e. today, the appellant is absent.  Adv.Santosh Patil suo-moto appears for the respondent. 

(3)               On the perusal of the impugned order, we are finding that the forum below rightly dismissed the complaint simply because the complainant had not adduced any evidence to prove that the denture given by the respondent hospital was in any way defective.  When consumer is complaining about the defects in the goods, it is the duty of the consumer to prove the deficiency under Consumer Protection Act, 1986.  If there is no evidence, no complaint is allowed on the basis of mere affidavit.  In the circumstances, we pass the following order. 

ORDER

(1)     Appeal stands dismissed.

(2)     No order as to costs.

(3)     Inform the parties accordingly.

Pronounced on 11^th September, 2011.