Haryana

Yamunanagar

CC/413/2023

Roopa Rani W/o Jamant - Complainant(s)

Versus

M/s KIM Infrastructure & Developers Ltd. - Opp.Party(s)

Krishan Kumar Kulchandu

22 Jul 2024

ORDER

Roopa Rani       Vs.      M/s KIM Infrastructure.

 

Present:       None for the complainant.

                    None for the opponent No.1.

                    (Notice of the complaint was not ordered against opponent No.2).

                            

                    In terms of orders dated 07.05.2024, then 29.05.2024, 08.07.2024, the complainant has not deposited publication charges for service of the opponent No.1 through publication, despite availing three effective opportunities and more than reasonable time and on today, the complainant failed to appear before the Commission either in person or through any advocate upto 2:45 PM. The conduct of the complainant shows, he is not willing to comply with the order dated 07.05.2024. Once the notice of the complaint has not been served upon the opponent, then it cannot be decided on the basis of merits, as envisaged under Section 38 (3) (C) of the Consumer Protection Act, 2019.  Under the circumstances, the complaint is hereby dismissed, due to non compliance of order dated 07.05.2024, 29.05.2024, 08.07.2024 by the complainant. However, if the petitioner become ready to deposit the publication charges as already ordered in this complaint or it comes to know the correct address or latest address of the opponent No.1, then he/she shall be at liberty to file afresh complaint against the opponent, subject to period of limitation of time as provided under Section 69 of the Consumer Protection Act, 2019 and in afresh complaint, he will disclose the particulars of present complaint and its fate and will attach the copy of this order with afresh complaint. File be consigned to the records.

 

                                                                                      President,

                                       Member.                                 DCDRC, YNR,

                                                                                      22.07.2024.

 

Typed by: Jitender Sharma, Steno-typist