Karnataka

Bangalore 1st & Rural Additional

CC/531/2015

Dr.Sri. K.Chandrashekar, S/o. Sri C. Krishnan, - Complainant(s)

Versus

Sri. S. Mohan Ram, S/o. Late Sri.H.K.Subba Rao, - Opp.Party(s)

Sri. V.C. Chandan

15 Feb 2016

ORDER

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20
PRESENT SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B., PRESIDENT
SRI.H.JANARDHAN, B.A.L., LL.B., MEMBER
 
Complaint Case No. CC/531/2015
 
1. Dr.Sri. K.Chandrashekar, S/o. Sri C. Krishnan,
Aged About 47 Years, R/at: Flat No.303, 3rd Floor, Friends Enclave Building, Athmeeya Geleyara Balaga Layout, Bangalore-560090.
Bangalore
Karnataka
2. Smt. S.A. Geeta, W/o. Sri.S.R.Vinay Kumar,
Both are R/at: No.203, 2nd Floor, Friends Enclave Building, Site No.944 & 965, Athmeeya Geleyara Balaga Layout, Chikkasandra, Bangalore-560090
Bangalore
Karnataka
...........Complainant(s)
Versus
1. Sri. S. Mohan Ram, S/o. Late Sri.H.K.Subba Rao,
Aged About 64 years, R/at: No.D804, Sterling Terraces, 100 ft. Ring Road, BSK 3rd Stage, Bangalore-560007
Bangalore
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B., PRESIDENT
 HON'BLE MRS. SMT. BHARATI.B.VIBHUTE. B.E., L.L.B., MEMBER
 HON'BLE MR. SRI.JANARDHAN.H MEMBER B.A., L.L.B MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

CRC No.101 /2011 connected 7 cases

 

Dated:15.02.2016

Accused produced before the Forum at 12.10 p.m through H.C.No.686 of C.A.R South. The complainant/DHr present. The accused in person voluntarily submitted to settle the matter with the decree holders by making arrangements to allot sites. However, DHr/complainant do not want to go with sites and they are seeking relief in pursuance of the orders passed and thereby insisting accused to refund the amount with accrued interest. Under the circumstances, though couple of opportunities extended to the accused to make payment, but for one reasons and for another reasons he pleads his inability to refund the amount. Under these circumstances, we deem it just and proper to record plea of the accused and to hold further proceedings. Further jail superintendent is hereby directed to produce the accused on body warrant to record plea of Accused on 18.3.2016 at 11 a.m before the Forum to hold further proceedings.

                    Call on to record plea by – 18.3.2016.

 

 

CC.No.1410/2015

Dated:15.02.2016

Despite the service of notice O.P.No.1 remained absent. Hence O.P.No.1 placed exparte.

For evidence of complainant by – 17.3.2016.

 

 

 

 

 

 

 

 

 

 

CC.No.1197/2015

 

 

Despite the  service of notice O.P.No.1 and 2 remained absent. Hence O.P.No.1 and 2 placed exparte.

For evidence of complainant by – 17.3.2016.

 

 

CC.No.1692/2015

Dated:15.02.2016

Complainant and O.P.No.1 are absent. Despite the  service of notice O.P.No.3 remained absent. Hence O.P.No.3 placed exparte.

For evidence of complainant by – 17.3.2016.

 

 

CC.No.33/2016

Dated:15.02.2016

O.P.No.1 present in person and prays time to file version. However, despite the service of notice, O.P.No.2 and 3 remained absent. Hence O.P. No.2 and 3 placed exparte.

  For version of O.P.No.1 by – 14.3.2016.

 

 

 

CC.No.34/2016

Dated:15.02.2016

Despite the service of notice O.P. remained absent. Hence O.P. placed exparte.

For evidence of complainant by – 14.3.2016.

 

 

CC.No.1295/2015

Dated:15.02.2016

Complainant present and submitted that he do not know the status of notice. However on perusal of the order sheet it discloses that, due to non-service of notice the stage is set down for taking steps against the O.P.No.4 and O.P.No.6.

Call on to take steps finally by – 29.2.2016.

 

 

 

 

 

 

 

 

 

 

CC:No.531/2015

Dated:15.02.2016

Case called out. Complainant absent. Perusing the order sheet, it reveals that, despite of many number of opportunities given to the complainant to file affidavit evidence, but the complainant remained absent and did not chose to file his evidence. In order to prove the case of the parties and in support of their pleadings, they have to file affidavit evidence. Merely on the basis of the pleadings, the case of the parties cannot be appreciated. Pleadings are not the substituted for evidence. The non filing of the affidavit evidence shows that, the complainant is not interested in prosecuting the case. Under these circumstances, the complaint is dismissed for want of prosecution.

 

 

 

 

 

 

 
 
[HON'BLE MR. SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B.,]
PRESIDENT
 
[HON'BLE MRS. SMT. BHARATI.B.VIBHUTE. B.E., L.L.B.,]
MEMBER
 
[HON'BLE MR. SRI.JANARDHAN.H MEMBER B.A., L.L.B]
MEMBER

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