In the District Consumer Disputes Redressal Forum, Murshidabad

Berhampore, Murshidabad.

Case No. C.C/168 /2015

Date of filing: 27/11/2015                                                                  Date of Final Order: 26/05/2015

Bhajahari Hazra.C/O.- Shanti Hazra.

Vill.& P.O.- Nishchintapur Kalitala.

Dist- Murshidabad, PIN-742165.……………………………...Complainant                                                                  

- Vs-

Ritesh Mondal & Nilesh Mondal.

Prop. of Planet Wheels ( Bajaj Showroom)

 Shantikanan, 87/3 Station Road ( Near Post Office).

P.O.& P.S.- Berhampur. Dist.- Murshidabad. PIN.-742101.   …………….………………….  Opposite Party

                      Present:    Hon’ble President,AnupamBhattacharjyya.

                                         Hon’ble Member,  Samaresh Kumar Mitra.

                                         Hon’ble Member,  Pranati Ali.           

FINAL ORDER

Samaresh KumarMitra,Member.

             Brief fact of the case is that the complainant purchased a Motor Cycle namely Bajaj Platina 100 ES having delivery challan No.2871, Invoice No.-2789 from the OP. The complainant got no registration No. till date and harassed by the OP. The OP did not make delivery of the  Regn No. of said Motorcycle. The OP did not open the showroom and receive the phone calls. So getting no alternative he filed the instant complaint before this Forum for redressal as prayed in the prayer portion of the complaint.

          It appears from the case record that the case filed on 27.11.2015 along with documents like delivery challan dated 31.03.2015 in the name of the complainant, Invoice dated 05.04.2015 being serial no.2789 and Account statement of Bajaj Finance from 01.01.2000 to 24.11.2015 dated 24.11.2015 in the name of the complainant.

         The case admitted on 10.12.2015 and notice issued on 15.3.2016  but none appeared on behalf of the OPs and no steps taken  by the complainants who himself filed the instant complaint case. After perusing the case record it appears that the complainant appeared on 10.12.2015 thereafter he took no steps on consecutive dates on 04.2.2016,09.03.2016 and 08.04.2016 so this Forum directed to file showcause on 26.05.2016 as to why the case should not be disposed due to nonprosecution. That on 26.05.2016 none appeared on calls and no steps taken on his behalf.

         It appears from the net tracking report of India post that the article as booked on 15.03.2016 has delivered on 16.03.2016 but the OP did not put his/her appearance. Next date fixed on 16.5.2016 for appearance and filing w/v by OP. on the date fixed none appeared on calls and no steps taken. That on 26.05.2016  none appeared on behalf of the OP.

              After perusing the case record & documents as filed we are of the opinion that the complainant is not interested to proceed with the proceeding as he is not appearing before this Forum and taking any steps. Either the dispute has been settled in between the parties so they are not appearing before this Forum. In this circumstance we are constrained to dismiss the complaint due non prosecution.

                                                                                      ORDER

         Hence it is ordered that the Complaint Case No.168/2015 be and the same is dismissed due to non prosecution.

         Let a plain copy of this Order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/sent by ordinary post forthwith, for information & necessary action.

           Dictated and Corrected by me.

                  Member,                                                    Member,                                  President.