F.A. No. 937 of 2007

         None appears for the parties. DFR not yet received. However, the matter is of 2007 and we found that the parties are absent since long. In such circumstances, are inclined to disposed of the matter on the materials available on record.

2.      This appeal is filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to these appeals shall be referred to with reference to their respective status before the learned District Forum.

3.      The pleadings as available from both the parties is that the O.P.no.3 is a Private Limited Company deals in network business and undertakes auction of the antiques of its members through internet. Being attracted in the business the complainant sent Rs.28,060/- to O.P.no.3 through credit card of O.P.no.4 and accordingly became one of the members of O.P.n.3 on 09.06.06, he has got right to auction sale of different types of antique gold and silver coins. It is alleged that on 07.12.2006 the complainant got telephone call from the office of O.P.no.3 and came to know that the coins have been sent to O.P.no.2.The complainant did not receive the same and went to local office of O.p.no.2 and could know that the coins have been delivered to other person. In spite of several approach the matter was not solved. Finding no other way, the complaint was filed by the complainant.

4.      The O.P in its reply stated that they have received Rs.28,060/- through credit card of O.P.no.4 and took order but there was no scheme of auction sale as alleged by the complainant. As such there is no deficiency in service on their part.

5.       After hearing of both parties the complaint was dismissed. We have gone through the appeal memo  and impugned order.

6.      We have considered the materials on record. It is very clear that the learned District Forum has observed in the order at para-8 that there is no deficiency in service on the part of the O.ps. In fact complainant failed to prove its case. We have no other option than to affirm the impugned order.

7.      Therefore, the appeal is devoid of merit and stands dismissed. No cost.

Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.