Case Record taken up today for hearing. Parties are absent on call. However, in view of Section 38(3) ( c) of C.P.Act,2019 case is taken up for final disposal on merit.
Paused the material available o n record. The complainant has alleged manufacturing defect with Flyash making machine purchased from the Opposite Parties. Being notice, the Opposite Parties appeared and filed their written version denying the petition allegation on all its material particulars.
It is found that the complainant is remaining absent consistently. Sec.38(6) of C.P.Act,2019 casts an obligation on the District Commission to decide a complaint on the basis of the evidence brought to its notice by the complainant and the service provider irrespective of whether the service provider adduced evidence or not, the decision of the District Commission has to be based on evidence relied upon by the complainant.
Here in this case, no cogent evidence is adduced by the complainant to substantiate his claim. No expert opinion is filed to prove any manufacturing defect of the alleged machine. We found no merit on the complaint. Hence, complaint is dismissed against the Ops on contest. No order as to cost.
Pronounced in open Commission today on this 26th day of April,20123 under the seal and signature of this commission.
The Order/judgment be uploaded forthwith the website of the Commission and free copy of this order be supplied to the respective parties or they may download the same from the Confonet to treat the same as copy of the order received from this Commission.
Dictated & corrected by me.
