Order No.02

The Ld. Advocate of the complainant is present.

The case is taken up for hearing on the point of admission.

Heard the Ld. Advocate of the complainant at length.

Perused. Considered.

On close scrutiny of the petition of complaint it appears that in page no.16 of the petition of complaint which appears to be an e-mail dated 01.06.2023 send from the O.Ps. end addressed to the complainant and the Ld. Advocate of the complainant has taken our notice on the contents on said e-mail, wherefrom it appears that there is a request on the part of O.P. to provide the bottle in question to them for testing. But it appears that complainant did not provide the said bottle in question to the O.P. but making allegations in so many word against O.Ps. Obviously it is a latches/lacuna on the part of the complainant.

It may be noted that mere allegation is not a proof. The allegation is required to be proved by proper evidence. Even in this case in order to satisfy the prima facie case complainant has fail to satisfy the same in as much as complainant did not provide the bottle to the O.Ps. for testing.

Considering the whole episode and materials on record this Commission is of the view that prima facie there is no materials to proceed further and as such the instant case is liable to be rejected. Accordingly this Commission is doing that.

Dictated and Corrected by

[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT