RP No.06/2024

25-01-2024

ORDERS ON ADMISSION

BY SRI.RAVISHANKAR, JUDICIAL MEMBER

The Revision Petitioner approached this commission against the adjournment made by this District Commission without any valid reason, hence prays to set aside the adjournment order and direct the District Commission to dispose the matter expeditiously, in the interest of justice and equity and submits that the complainant had filed a complaint before the District Commission alleging unfair trade practice in selling a defective Hair Trimmer for Men and sought for refund of the amount and compensation towards injuries caused due to explosion of the Hair Trimmer (Grooming kit).

2. The District Commission admitted the complaint and issued a notice to the respondent, in turn the respondent also filed their version, thereafterwards the complainant had filed a affidavit evidence and documents in support of his allegations and the same time the OPs also filed their affidavit evidence. After completing the affidavit evidence stage, the case was set posted for written/oral arguments, the first order dated 16-2-2023 directed both parties to submits arguments, after submission of the arguments, the District Commission directed this revision petitioner to refer the product to the laboratory test, against which this revision petitioner preferred revision petition as the product does not requires any laboratory test, since though it was found defective and explosion was happened at the first usage itself that can be seen from naked eye itself.

3. Considering the said revision, this Hon’ble Commission allowed the revision and directed the District Commission to adjudicate the matter on merits upon the receipt of the product and dispose the matter expeditiously. After production of the said product, the District Commission without any valid reason adjourned the matter, though there is a direction to dispose the mater expeditiously. Hence prays to set aside the order passed by the District Commission and direct the District Commission to dispose the matter as soon as possible.

4. Heard on admission.

5. On perusal of the certified copy of the order sheet, we noticed that, after direction given by this Commission, the complainant had produced alleged defective products before the District Commission, upon receipt of the said product, the District Commission adjourn the matter for hearing on the side of OPs to 30-1-2024. Merely basing on the adjournment, this revision petitioner approached this commission and sought for direction to dispose the matter expeditiously. We noticed the District Commission has provided a fair opportunity to submit materials on the side of OPs against the allegations made by the complainant. We do not find any irregularity in the proceeding by the District Commission. The District Commission ought to provide a fair opportunity to both parties to hear on the alleged unfair trade practice. Of course, we have directed the District Commission to dispose the matter expeditiously that does not mean, the District Commission has to dispose without receiving the evidence or materials from both parties. The grounds urged before this commission is not satisfactory, we do not find any valid reason to admit the revision petition. As such, the revision petition is hereby dismissed and accordingly, we proceed to pass the following:-

O R D E R

The Revision Petition is dismissed with no order as to costs.

Send a copy of this order to both parties as well as concerned District Consumer Commission.

Member                                    Judicial Member