Date of Filing: 06/08/2011

        Date of Order: 29/08/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated: 29^th DAY OF AUGUST 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT

SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER

SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER

COMPLAINT NO. 1458 OF 2011

K.S. Srinivasa Iyengar,

# 270, 1^st Block, 2^nd Main,

8^th Cross, R.T. Nagar,

BANGALORE-560 032.

(Rep. by In-person)                                                                   Complainant.

-V/s-

Sangeetha Mobiles Pvt Ltd.,

(K.M.P. Arcade, Near R.T.Nagar Police Station),

Opp: R.T. Nagar Police Station,

R.T.Nagar Main Road,

BANGALORE-560 032.                                                            Opposite party.

BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT

ORDER

            The complainant has made this complaint against the opposite party seeking direction to pay a sum of Rs.5,100/- the value of the handset and complaint on making certain allegations.  As the opposite party is not being represented by any of the particular personnel of the opposite party.  Since this is the private limited company, the office has raised an objection and the matter was posted to hear regarding that.  On 12.08.2011, 18.08.2011, 20.08.2011, 24.08.2011 and today the 29.08.2011 the complainant is absent though case was adjourned even on payment of costs, the complainant did not turn up.  Hence perused the records.

2.        The points that arise for our consideration are:-

1. Whether there is prima facie case without proceeding against the opposite party?
2. What order?

3.        Our findings on the above points are:-

            Point (A):In the Negative

Point (B)       :           As per the final order

For the following:-

REASONS

POINT (A) to (B):-

4.        In this case the opposite party is a private limited company.  A limited company shall be represented by the Managing Director or by the Company’s secretary.  In this case though an opportunity has been given to the complainant he has not used it and not sought amendment of the complaint in this regard.  Without any particular official being representing the opposite party it is impossible to issue process to the any person.  Hence under these circumstances we hold the above points accordingly and proceed to pass the following:-

ORDER

1.        The complaint is Dismissed.

2.       Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.

3.       Send a copy of this order to the complainant free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 29^th  Day of August 2011)

MEMBER                                               MEMBER                                         PRESIDENT