Haryana

Yamunanagar

CC/41/2021

Madhu Bala w/o Sh. Devender Kumar - Complainant(s)

Versus

M/s Century Holidays Mumbai - Opp.Party(s)

Sushil Kambpj

02 Mar 2022

ORDER

CC No.41 of 2021.

Madhu Bala Versus M/s Century Holidays.

 

Present:          Shri Sushil Kamboj, Adv. for the complainant.

                       None for the respondents No.1 & 4.

                       (Notice of complaint was not ordered against respondent No.2&3).

                       

                     Complainant has not done the compliance of order dated 01.09.2021, despite availing number of opportunity and more than reasonable time i.e. about 11 months. This complaint has been instituted by the complainant on 21.01.2021 under Section 35 of the Consumer Protection Act, 2019 (for short “Act”). Notice of the complaint was ordered against respondents No.1 & 4, but the same was not served upon them due to incorrect address. Thereafter, vide order dated 01.04.2021, complainant through counsel was directed to place on record correct address of respondents No.1 & 4 including email ID, if any, but the complainant failed. As per Section 38 (3) (c) of the Act, complaint cannot be dismissed on account of default in appearance, rather to be decided on merits. When the complainant himself fails to do the necessary compliance of the order of the Commission to get the notice of the complaint along with supportive documents delivered upon the respondents, then there is not possible to decide the complaint on merits without hearing the opposite party, because no one can condemn unheard and non-compliance of order dated 01.09.2021, on the part of complainant, means, complainant is no more willing to prosecute this complaint. Complaint is dismissed for want of prosecution. However, complainant shall be at liberty to file afresh complaint against the respondents concerned while disclosing their correct address and fresh complaint shall be subject to period of limitation. File be consigned to the records.

 

                                                                                                            President,

L.Member                              Member.                                            DCDRC, YNR,

                                                                                                            02.03.2022.

 

Typed by: Sham Lal, Stenographer.