BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P.V.JAYARAJAN                              :  PRESIDENT

SMT. PREETHA G. NAIR                        : MEMBER

SRI. VIJU V.R                                           : MEMBER

C.C. No. 262/2021  (Filed on 15.09.2021)       

ORDER DATED: 28.06.2024

Complainant:

Rahul K., S/o K. Narayanan, 601, Confident Altair Green Valley, Pullannivila, Karyavattom P.O., Thiruvananthapuram-695 581.

     (By Advs. Hari S. Nair & Shubha S.)                                 

Opposite parties:

1. Ramla Beevi N., Dealer, Indian Oil COCO Pump, Attipra, Kulathoor Bypass Road, Kulathoor P.O., Thiruvananthapuram-695 582.

2. Indian Oil Corporation, Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bhadra (East), Mumbai, Maharashtra, Pin-400 051 represented by its Chairman.

3. The Chairman, Indian Oil Corporation, Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bhadra (East), Mumbai, Maharashtra, Pin-400 051.

4. The Regional Manager, Indian Oil Corporation, Near Irumpanam Bazaar, Cochin Marketing Terminal, Irumpanam, Ernakulam-682 309.

              (By Advs. Sandeep Sreekumar & Nithya S. for OPs 2to 4)

ORDER

SRI. P. V. JAYARAJAN:  PRESIDENT

          This complaint is filed under Sec. 35 of the Consumer Protection Act, 2019 and the matter stood over to this date for consideration.  After hearing the matter this Commission passed an order as follows:

          2.  This is a complaint filed by the complainant against the opposite parties alleging deficiency in service on the part of the opposite parties.  After admitting the complaint notice was issued to the opposite parties to appear before this Commission on 20.10.2021.  The opposite parties 1 to 4 entered appearance and filed written version denying the allegations raised by the complainant.  When the case came up for consideration on 27.02.2024, the Commissioner appointed in this case submitted that the complainant is not co-operating with him by producing proper documents.  Subsequently on 24.04.2024 the counsel appearing for the complainant submitted that he has got no instruction from the complainant and hence the case was adjourned to 24.05.2024 for appearance of the complainant.  Subsequently on 24.05.2024 and 31.05.2024 the complainant was absent and hence this Commission issued a notice to the complainant to appear before this Commission today to further proceed with this complaint.  The notice issued to the complainant was seen returned with the endorsement ‘addressee left’.  In the above circumstances, we find that the complainant is not interested to further proceed with this complaint.  In spite of giving sufficient opportunities, the complainant failed to adduce any evidence to substantiate his case against the opposite parties.  As such there is no piece of evidence against the opposite party to prove the allegations raised against the opposite parties.  In view of the above discussion, we find that the complainant has miserably failed to prove his case against the opposite parties.  In the above circumstances, we find that this is a fit case to be dismissed for want of evidence. 

          In the result, the complaint is dismissed. There will be no order as to costs. 

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 28^th day of June 2024.

              Sd/-

P.V.JAYARAJAN                : PRESIDENT 

               Sd/-

PREETHA G. NAIR           : MEMBER  

             Sd/-

                                                    VIJU V.R                          : MEMBER

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