IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.

CASE No.CC/85/2014                                                                                              

 Date of Filing: 02.07.2014                                                                                                            Date of Final Order: 24.03.2015

Mizanur Rahaman,

S/o Lt. Habibur Rahaman,

Vill+ P.O.- Sahisherpur, P.S.-Khargram,

 Dist. Murshidabad.    ..……………………………………………………………………………..Complainant 

    -Vs-

1). Owner of Taraknath Enterprise

Kandi Aruna Cinema Hall

P.O. & P.S.- Kandi.

Dist. Murshidabad. 

                                                                                                                                                       ……..….Opposite Parties

Present:  Anupam Bhattacharyya……………….……President.

               Samaresh Kumar Mitra ……………………Member.         

Final Order

 Samaresh Kumar Mitra, Presiding Member.

                             Brief fact of the case is that the complainant purchased a Su-Kam Battery from OP No.1 on 20.09.2011.and OP No.2 is the producer of said Battery. After one year of purchase of said battery, it suffers from low back up, so the complainant complained before OP Company on 3.8.2013 being No. 14082032918. The personnel of OP Company tested his battery after 7 days of complaint. He again complained on 19.08.2013 when the OPs took no measure. Thereafter the engineer of the Company came from Kolkata and took away all the original papers and assured to replace the battery as the backup was low. When the complainant met the Kolkata office after getting no reply, then the OP No.2 replied that they sent the documents at their head office and assured to replace the battery. Complainant met the OP several times but they misbehaved with him. So, this complaint lodged a complaint before AD, CA&FBP, Murshidabad but it became futile. Getting no alternative the complainant lodged the instant complaint before this Forum on 2.7.2014 for Redressal as prayed to replace the battery set and Rs.50,000/- for compensation for mental pain and agony.        The complaint admitted on 08.07.2014 and notice send to the OP on 15.7.2014. Despite receiving notice the OPs did not turn up, so the proceeding runs ex-parte against them.

             Complainant files no evidence on affidavit till date but absent without steps on 3.12,2014, 15.01.2015 and 23.2.2015.As such on the previous order next date was fixed for ex parte hearing i.d. necessary order

            Today no step has been taken on behalf of the complainant and absent on repeated on calls. So the record has taken for passing Final Order.

            It appears from the case record that the complainant filed the case by executing a Vokalatnama empowering Ld. Akhter Masud as his agent. But the complainant as well as his agent is so casual while conducting the complainant’s case. The complainant not only misused the opportunity but also lapsed the valuable times of the Forum.

                The Forum is on considered opinion to dismiss the complaint case for default u/s 13(2)(c) of C.P. Act, 1986.

                Dictated and corrected by me.                     

                   Member                                                                                                                                  President                                

    District Consumer Disputes                                                                                        District Consumer Disputes                                                                                                          Redressal Forum, Murshidabad.                                                                                Redressal Forum, Murshidabad.