ORDER BELOW APPLICATION DATED 01/06/2022 ON BEHALF OF THE OPPOSITE PARTY FOR DISMMISSAL OF THE COMPLAINT.

          Per M.P.KASAR, MEMBER

1. It is stated by the opposite party in application that, the complaint No.CC/157/2019 be dismissed for the default of the complainant to file their affidavit of evidence and non appearance of complainant. Opposite party relied upon judgement dated 28/01/2019 passed by Hon’ble State Commission in CC/16/1251 Dr.Rahul Patil vs Mahindra & Mahindra Ltd in which Hon’ble State Commission pleased to held that, ‘ Till today complainant has not filed affidavit of evidence .  Mere pleadings are not sufficient to establish the case of the complainant.’
2. Complainant remained constantly absent and failed to file even say upon aforesaid application filed by the opposite party till today.
3. Perused application and to pass appropriate order below aforesaid application filed by the opposite party we framed  issues as follows :-
103606587. ISSUES

          FINDINGS:-

4. As to issue No.1 :- From the perusal of record and proceeding in complaint it has been observed that, CC/19/157  is filed in this forum 23/07/2019 & our predecessor forum has admitted present consumer complainant against opposite party vide roznama order dated 20/08/2019 and has been issued notice on opposite party for appearing and filing written statement on 23/09/2019 &  opposite party appeared before forum and asked for time to file written statement on 23/09/2019 and in view of permission granted by  our predecessor forum opposite party filed their written statement on 10/10/2019.  We have noted from the perusal of postal acknowledgement on record the service of notice is served upon opposite party on 26/08/2019.  So written statement filed by the opposite party is well in stipulated period as per mentioned in the Act.  From the perusals of roznama from the dated 10/10/2019 it has been observing that, matter has been kept for filing affidavit of evidence of the complainant till 30/03/2022 and on same date matter is kept for taking step by the opposite party against complainant to proceed complaint ahead.  So opposite party preferred instant application on 1/6/22.afterwards complainant constantly remained absent and even failed to file say on opposite parties instant application and to file affidavit of evidence. Complainant also failed to  take step in compliant in regard whether he want to file affidavit of evidence or whether he want to file pursis of adopting his complaint as his affidavit of evidence. Till today complainant remained continuously absent before forum since from 23/09/2019 without mentioning any reason and have failed to take appropriate steps in present complaint.

Considering judgement dated 28/01/2019 passed by Hon’ble State Commission in CC/16/1251 Dr.Rahul Patil vs Mahindra & Mahindra Ltd in which Hon’ble State Commission pleased to held that, ‘ Till today complainant has not filed affidavit of evidence .Mere pleadings are not sufficient to establish the case of the complainant.’

Considering views taken by Hon’ble State Commission and circumstances occurred in instant case present consumer complaint can also be dismissed for the default of the complainant to file their affidavit of evidence as mere pleadings are not sufficient to establish the case of complainant. So application dated 01/06/2022 filed by opposite party deserves to be allowed. Thus we answer issue No.1 as Yes and pass order as per issue No.2 as follows:-

                                                             Order

1. Application dated 01/06/2022 on behalf of the opposite party for dismissal of the complaint is hereby allowed.
2. In view of order passed below application dated 01/06/2022 as above CC/19/157 stood dismissed for the default of the complainant to file their affidavit of evidence as per section 13(2)(c) of Consumer Protection Act 1986.