Orissa

Rayagada

CC/208/2021

Smt. Nisha Kukreja - Complainant(s)

Versus

The Chief Executive Officer, Hero Electric Vehicle Pvt Ltd., - Opp.Party(s)

Self

07 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION RAYAGADA, ODISHA.

Date of Institution: 08.12.2021

     Date of Final Hearing: 03.05.2023

        Date of  Pronouncement: 07.06.2023

                                    CONSUMER COMPLAINT NO. 208 / 2021

Smt. Nisha  Kukreja, W/o: Manoj  Kumar  Kukreja, Resident  of New Colony,  State:   Odisha,

 (Represented  in person)                                            …Complainant

 

Versus

The  Chief  Executive Officer, Hero Electric Vehicles Pvt. Ltd.,

50, Okhla  Industrial Estate, New Delhi- 110020.

(Authorised  agent   for the   O.Ps)                                                                                                                                                    …Opposite Parties

 

Present:          1. Sri Rajendra Kumar Panda, President.

                        ORDER U/S-39  R/W  U/S-64  OF C.P.ACT,2019

Sri  Rajendra  Kumar  Panda, President.

Brief facts of the case:-

Case in hand is the allegation of  deficiency in service and unfair trade practice by the O.Ps  for  non refund of  security deposit a sum of Rs.1,00,000/-  which  the complainant sought  redressal.

On being noticed the O.Ps  appeared before this commission and filed  written version.

During the course of  hearing  the complainant is  absent on repeated call though notices has been duly served upon him.

On perusal of the documents it is revealed that despite several adjournments taken  by the complainant for the purpose of filing relevant papers, the complainant failed to produce any documents in support of his claim.  When the pleading of  the complainant in support of his claim have been denied by the  O.P. the complainant is duty bound   to substantiate his claim by producing relevant documents there for, but he has failed to do so.  On the basis of mere pleadings of the complainant, without any supporting  evidence, no positive finding can be recorded in regard to his claim. Hence, we are constrained to hold that the petition made by the complainant  is  devoid of any merit.

The complainant failed to perform his obligatory  duty to remain present  and adduce evidence.

 In the result this commission dismiss the  complaint for default U/S- 38(3)© of the C.P.Act,2019.  Miscellaneous  order if any  delivered by this  commission  relating to this case  stands vacated. 

 A copy of this order be provided to all the parties at  free of cost as mandated by the Consumer Protection Act,  2019 or they may download same from the confonet.nic.in to treat the same as if copy of order received from this Commission.

The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.

File be consigned to the record room along with a copy of this Judgment.

Pronounced on this 7^th. Day of   june, 2023

                                                         

                                                                                    PRESIDENT