In the District Consumer Disputes Redressal Forum, Murshidabad

Berhampore, Murshidabad.

Case No. C.C/172 /2015

Date of filing: 04/12/2015                                                                    Date of Final Order: 26/05/2015

Nausad Molla. C/O.- Ajid Molla

Vill.- Lalnagar Dakshinpara. P.O.- Nowpara Shimulia.

P.S.-Harharpara.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.- Berhampore. Dist.- Murshidabad. PIN.-742101. …………….………………….  Opposite Party

                      Before:     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 Discover 125 CC having delivery challan No.2551, Invoice No.-2557 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 04.12.2015 along with documents like delivery challan dated 13.07.2014 in the name of the complainant, Tax Invoice dated 16.07.2014 being serial no.2557 and Account statement of Bajaj Finance from 01.01.2000 to 26.11.2015 dated 26.11.2015 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 16.12.2015 thereafter he took no steps on consecutive dates on 05.2.2016, 09.03.2016,08.04.2016 and 16.05.2016 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 record that A/D in respect of notice send to OP received by this Forum but the OP did not put their 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.172/2015 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.