Paras Mobile & one another V/S Sri. N. Rajesh - Consumer Court Case

Karnataka

Mysore

CC/09/478

Sri. N. Rajesh - Complainant(s)

Versus

Paras Mobile & one another - Opp.Party(s)

05 Feb 2010

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE
No.1542/F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysore-570009.
consumer case(CC) No. CC/09/478

Sri. N. Rajesh						...........Appellant(s)
Vs.
Paras Mobile & one another Maruthi Infotech						...........Respondent(s)

BEFORE:

1. Sri A.T.Munnoli2. Sri. Shivakumar.J.

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

Stage: Order Complainant: In person. Opposite party: Exparte. 1. The complainant has filed the complaint, alleging deficiency in service on the part of the opposite parties, in respect of mobile handset. Notices to opposite parties were served, but they have remained absent. They are set exparte. Then, for filing affidavit of the complainant, twice the matter was posted, but on those dates, the complainant remained absent. Then the matter was posted for arguments. For arguments, also twice the matter was adjourned but on those dates, the complainant remained absent. 2. To substantiate the facts alleged in the complaint, particularly the deficiency in service on the part of the opposite parties, absolutely there is no evidence. In the absence of the evidence, the deficiency alleged by the complainant cannot be held proved. Further, merely because the opposite parties are set exparte. The allegations made by the complainant in the complaint, cannot be believed and accepted in the absence of the evidence. Accordingly, we pass the following order ORDER 1. The complaint is dismissed.

Stage: Order Complainant: In person. Opposite party: Exparte. 1. The complainant has filed the complaint, alleging deficiency in service on the part of the opposite parties, in respect of mobile handset. Notices to opposite parties were served, but they have remained absent. They are set exparte. Then, for filing affidavit of the complainant, twice the matter was posted, but on those dates, the complainant remained absent. Then the matter was posted for arguments. For arguments, also twice the matter was adjourned but on those dates, the complainant remained absent. 2. To substantiate the facts alleged in the complaint, particularly the deficiency in service on the part of the opposite parties, absolutely there is no evidence. In the absence of the evidence, the deficiency alleged by the complainant cannot be held proved. Further, merely because the opposite parties are set exparte. The allegations made by the complainant in the complaint, cannot be believed and accepted in the absence of the evidence. Accordingly, we pass the following order ORDER 1. The complaint is dismissed.

......................Sri A.T.Munnoli
......................Sri. Shivakumar.J.