DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Monday the 5th day of December, 2022
C.C. 259/2022
Complainant
Ragesh Krishna. T. M,
Tharolmeethal House,
Velliyoor, Nochad P.O,
Naduvannur Via,
PIN - 673614
Opposite Party
Proprietor,
i – shoe fashion Empire,
Naduvannur – 673614.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 05/09/2022 the complainant purchased a footwear for his child aged 4 years from the shop of the opposite party paying Rs. 840/-. But it became defective on the same day. Though he approached the opposite party for getting replacement of the footwear with a new one, the opposite party was not amenable either to replace the same or refund the price. Hence the complaint claiming compensation for Rs. 30,000/-.
- The opposite party was set ex-parte.
- The points that arise for determination in this case are :
- Whether there was any deficiency of service or unfair trade practice on the part of the opposite party, as alleged ?
- Reliefs and costs
- Point No.1 – The opposite party was set as ex-parte. The case was posted for 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 or unfair trade practice as alleged is proved against the opposite party.
- 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 259/2022 is dismissed.No order as to costs.
Pronounced in open Commissionon this the 5thday of December,2022.
Date of Filing: 03/10/2022
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PRESIDENT
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APPENDIX
Nil.
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PRESIDENT
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Forwarded/By Order
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Assistant Registrar
