BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT
SRI. P.V. JAYARAJAN : PRESIDENT
SMT. PREETHA G. NAIR : MEMBER
SRI. VIJU V.R. : MEMBER
C.C.No. 398/2022 Filed on 01/11/2022
ORDER DATED: 28/11/2023
Complainants | : | - Vipith.P.T, S/o.Prasannan, Karthika Gramam, Parassala, Thiruvananthapuram.
- Devika.S.S, W/o.Vipith, Karthika Gramam, Parassala, Thiruvananthapuram.
Rep. by its power of attorney holder Satheesh Kumar, S/o. Thankappan Nair Udayam, Ottasekharamangalam, Thiruvananthapuram. (By Adv.D.R.Rajesh) |
Opposite parties | : | - Sreejith, Mekkekannettu Charuvila Puthen Veedu, Koliyoor, Muttakkadu.P.O., Thiruvananthapuram.
- Vishnu, Anamika Constructions, Karikkakam, Thiruvananthapuram.
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ORDER
SRI.P.V.JAYARAJAN: PRESIDENT
This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.After hearing the matter the commission passed an order as follows:
This is a complaint filed by the complainants against the opposite parties alleging deficiency in service on the part of the opposite parties. The case of the complainants in short is that they have entrusted the construction work of their residential building to the opposite party as per the agreement dated 23/01/2021. After admitting the complaint notice was issued to the opposite parties. The notice issued from this Commission was accepted by the 1st opposite party on 15/11/2022. After accepting the notice the 1st opposite party not appeared before this Commission and hence on 08/03/2023 the 1st opposite party was called absent and set ex parte. The notice issued to the 2nd opposite party was returned with endorsement ‘address incomplete’. Subsequently since 05/04/2023 this case stands posted for taking steps against the 2nd opposite party by the complainants. Inspite of giving sufficient opportunities, the complainants failed to take steps against the 2nd opposite party. This case was posted to 05/04/2023, 30/05/2023, 27/06/2023, 05/09/2023, 31/10/2023 and today i.e., 28/11/2023 for taking steps against the 2nd opposite party by the complainants. As the complainants were continuously absent and not taken any steps against the 2nd opposite party, we find that the complainant is not interested to further proceed with this complaint. In view of the above observation, we find that this is a fit case to be dismissed for default.
In the result complaint is dismissed. There will be no order as to cost.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 28th day of November, 2023.
Sd/- P.V. JAYARAJAN | : | PRESIDENT |
Sd/- PREETHA G. NAIR | : | MEMBER |
Sd/- VIJU V.R. | : | MEMBER |
