DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Thursday the 22^nd day of June 2023

C.C.62/2023

Complainant

Muhammed Basheer.M

Mattuval House,

Pathimangalam

Kunnamangalam – P.O,

Kozhikode – 673 571.

Opposite Party

Praano Automotive

             Pathimangalam

Wayanad Road,

Kunnamangalam - P.O,

Kozhikode – 673 571.

ORDER

By Sri. P.C. PAULACHEN – PRESIDENT 

           This is a complaint filed under section 35 of the Consumer Protection Act, 2019.

2.  The complainant has approached this Commission with an allegation that the opposite party is delaying the engine repair of his car which was entrusted for the work on 09-06-2022. He is seeking compensation from the opposite party for the delay and deficiency in service.  
3.  The opposite party was set ex-parte.
4. The points that arise for determination in this case are :

1.      Whether there was any deficiency of service on the part of the opposite party, as alleged ?
2.      Reliefs and costs.

5. Point No.1:  The opposite party was set as ex-parte. The case was posted for the evidence of the complainant several times. But the complainant also remained absent and did not file affidavit or adduce any evidence.  The fact that the opposite party was set ex-parte does not automatically entitles the complainant to get the relief sought for. It is for the complainant to prove the allegations in the complaint by adducing proper evidence. But the complainant in this case has utterly failed to prove his case. No deficiency of service as alleged is proved against the opposite party.

6. Point No.2:  In view of the finding on the above point, the complainant is not entitled to get the relief sought for and the complaint is only to be dismissed. 

In the result, CC 62/2023 is dismissed. No order as to costs.

Pronounced in open Commission on this the 22^nd day of June 2023.

Date of Filing: 17-02-2023

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                        PRESIDENT                                                                     MEMBER

                              //True Copy//

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