In the District Consumer Disputes Redressal Forum, Murshidabad
Berhampore, Murshidabad.
Case No. C.C./96/2015
Date of filing:31/07/2015                                                                                               Date of Final Order: 15/12/2015

Bibhas Banerjee
S/O-Lt. Biswanath Banerjee.
Radhikanagar, P.O.- Cossimbazar Raj.
Dist- Murshidabad,PIN-742102………………………………………………...Complainant                  
                                                                                           -Vs-
S.S. Machinery
4/1, Babulbona Road, P.O.&P.S.- Berhampore,
 Dist.- Murshidabad (WB) PIN-742101.…………….………………….   Opposite Party

Present:                         Hon'ble President, Anupam Bhattacharyya.            
                                        Hon'ble Member, Samaresh Kumar Mitra.
                                        Hon'ble Member, Pranati Ali.
FINAL ORDER

Samaresh Kumar Mitra, Member:
    Brief facts of the case are that Complainant / Petitioner purchased two cut off saw, model No.PPC-355, Serial No.-1403001837 dated 06.02.2015 and model No. PPC-335, serial No.-1403001667 dated 2.3.2015 from the OP on payment of Rs.18000/-. After the purchase both the cut of saws started malfunctioning and the complainant visited the OP on 17.3.2015 and both the cut off saw repaired .Again on 27.3.2015 both the cut off saws were malfunctioning and both the cut off saws serviced and after working for a few days it started malfunctioning on 12.4.2015. The servicing of armature and other works were done from the service centre. Thereafter both the cited machine again started malfunctioning on 25.4.2015 which was within the warranty period. The complainant went to OP and requested to replace both the cut off saws having manufacturing defects from the beginning. The complainant filed the instant complaint to get both the cut off saws replaced and other reliefs as prayed for in the prayer portion of the complaint.    
          After hearing the admission on 10.9.2015 the notice was served upon the OP, which was received by the OP and A/D returned on14.11.2015 and next date was fixed on 15.12.2015 for appearance with W/V. That on the date fixed the complainant filed a verified petition praying to dismiss the complaint petition due to non-prosecution as the dispute that cropped up in between the parties has settled amicably. The OP did not put its appearance on the date fixed.  
          Hearing the agent of the complainant and perusing the petition, we find no impediment to dismiss the complaint petition, filed by the complainant.
ORDER
           Hence it is ordered that the complaint be and the same is dismissed due to non-prosecution.
           Let plain copy of this order be made available and be supplied, free of cost, to the parties on contest in person, by hand under proper acknowledgement/ be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Dictated and corrected by me.