Today is fixed for taking steps by the Complainant. No step is taken by the Complainant. The record shows that no step was taken by the Complainant on 05.09.22, 27.12.22, 11.04.23, 12.06.23, 22.08.23, 21.11.23 and today i.e. on 23.11.2023 . The case of the Complainant as per materials on record is that the Complainant used to maintain his livelihood by running his business as a Super Stockiest of packaged foods in the name and style ‘Ashirbad Food & Beverage’ in his locality. In the due course of business the Complainant came in contact with the OP and after due consultation and full assurance of best quality produces from the part of the OP the Complainant preferred to purchase a certain amount of products from the OP and to that effect placed his order as morefully to mention as (1) Namkeen Chana Dal – 16 cartoons (17g X 400 pkt), (2) Namkeen Chana Dal – 09 cartoons (17g X 400 pkt), (3) Namkeen Moog Dal – 10 cartoons (15g X 400 pkt), (4) Namkeen Moog Dal – 15 cartoons (15g X 400 pkt) (5) Namkeeen Roasted Chana – 15 cartoons (19gX400 pkt) with an aggregate value of Rs. 83,283.00 (Rupees eighty-three thousand two hundred and eighty three) only including GST. In compliance of the said order the OP asked for payment in advance in his favour by way of bank draft and accordingly the Complainant preferred to pay the entire purchase amount by way of bank transaction dt. 16.06.2021 and in compliance thereof and after receiving the entire sale proceed the OP supplied and delivered the entire order vide issuing two invoices dt. 23.06.2021 & 24.06.2021. The dispute arose as and when the Complainant first came to know from its customers and distributors that those products of the OP are all sub-standard and defective in itself and not at all edible. Complaining such an unexpected incident the Complainant then had placed his repeated request to the OP for return of such defective products as early as possible as the same were staged at his warehouse but the OP did not bother to consider the same intentionally and delayed the process of returning of such defective product without any reasonable explanation. Thereafter, the Complainant finding no other way of alternatives preferred to serve legal notice upon the OP through his lawyer last on 06.12.2021 with clear and specific mentioning of every possible details as well as legal consequences of non-co-operation but even after receiving of the said legal notice the OP preferred to maintain silence on his part and the O.P. did not bother to reply for the same. The record shows that the Complainant had not been taking steps since 05.09.22. The Complainant was also directed to file fresh requisites for issuance of notice upon the OP but the Complainant has not complied with the order of this Commission. So the OP has no scope to defend the case of the Complainant. Such being the position the complaint is not entitled to get any order in the instant case. In view of the matters discussed above we are of the view that the instant case is liable to be dismissed on merit. In the result, the Consumer case fails. Fees paid are correct. Hence, it is Ordered that the complaint Case No. CC/1/2022 be and the same is dismissed on merit against the OP. Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action. The Final Order will also be available in the following Website: confonet.nic.in Dictated & corrected by me. President Member President | 
