By Smt. C.S. Sulekha Beevi, President,<br /> <br /> <br /> 1. Brief say of case of complainant is as follows:-<br /> Opposite party is a relative and intimate friend of complainant. Opposite party suffered much loss in his finance and chit business. Opposite party used to take loan from complainant. Thereafter he entrusted his business to his brother and left for Mumbai. Opposite party later returned to native place and visited complainant. Opposite party offered to arrange a visa for complainant's son on payment of one lakh rupees. Complainant made part payment of Rs.80,000/-. Opposite party failed to arrange the visa. When complainant requested for refund of amount opposite party issued cheque for Rs.80,000/-. The cheque bounced. Later complainant came to know that opposite party has cheated many others also. Hence the complaint to realise the amount and for compensation.<br /> <br /> 2. Notice issued to opposite party was returned as refused. Name was called. He was absent and set exparte on 21-12-07. Evidence consists of Exts.A1 to A2 marked on the side of complainant. Even though affidavit was filed on behalf of complainant it is not properly attested and therefore not admissible in evidence.<br /> <br /> 3. As per the averments in the complaint opposite party is doing vegetable business at Kunnamkulam. The facts narrated in the complaint does not constitute a consumer dispute. At the most it is a private dispute between parties. Complainant is at liberty to agitate the matter before proper court. Complainant has failed to establish any case in his favour.<br /> <br /> 4. In the result, complaint dismissed. No order as to costs.<br /> <br /> Dated this 19th day of March, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 and A2<br /> Ext.A1 : Cheque for Rs.80,000/- dated, 02-8-2006.<br /> Ext.A2 : Photo copy of the memorandum of Cheque unpaid received from<br /> Canara Bank, Edappal to complainant.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br />