BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PONDICHERRY
C.C.No.35/2013
Dated this the 1st day of February 2016
V. Loganathan,
No.75, Karunanithy Street,
TMP Nagar, Padi
Chennai-600 050.
…. Complainant
Vs.
The Managing Director
Anjappar Restaurant
New No.239, Rue De Busy
Puducherry-605 001.
. . . Opposite Party
BEFORE:
THIRU.A.ASOKAN, B.A., B.L.,
PRESIDENT
THIRU V.V. STEEPHEN, B.A., LL.B.,
MEMBER
FOR THE COMPLAINANT : Thiru.V.Rajasekaran, Advocate
FOR THE OPPOSITE PARTY: H.D. Kumaravelu, Advocate
O R D E R
(By Thiru.A.Asokan, President)
This is a complaint filed by the complainant praying to direct the opposite party:
- To pay a sum of Rs.10,000/- (Rupees ten thousand only) for medical expenses
- To pay a sum of Rs.50,000/- (Rupees fifty thousand only) for loss of income.
- To pay a sum of Rs.1,00,000/- (Rupees one lakh only) towards damages for mental agony and physical pain become of the illness, and
- To pass such other orders as this Forum deem fit and proper in the interest of justice.
2. Notice to the opposite party was duly served. The complainant was examined himself as CW1 and Exs.C1 to C7 were marked. One Dr. V. Ramesh was examined as CW2. Initially, since the opposite party was not appeared before this Forum, he was set ex parte and the case was allowed on 7.5.2004. Subsequently, the opposite party preferred appeal in F.A. 8/2014 before the Hon'ble State Commission, Puducherry. The Hon'ble State Commission passed order dated 02.07.2015 by setting aside the order of the District Forum, Puducherry and directed to dispose the case afresh within six months.
3. Today this case was called. Complainant absent. Opposite Party absent. Counsel for Opposite Party present. No effort taken by the complainant to proceed the case for long time. Hence, this complaint is hereby dismissed for default. No cost.
Dated at Pondicherry on this the 1st day of February 2016.
(A. ASOKAN)
PRESIDENT
(V.V. STEEPHEN)
MEMBER
COMPLAINANT’S WITNESS:
CW.1 | 23.04.2014 | V.Loganathan |
CW.2 | 11.04.2014 | Dr.V.Ramesh |
OPPOSITE PARTY’s WITNESS: Nil
COMPLAINANT’S EXHIBITS:
Ex.C1 | 23.04.2013 | Original bill issued by opposite with the endorsement of OP’s restaurant manager and copy of the original bill. |
Ex.C2 | 23.04.2013 | Copy of complaint addressed to the Deputy Food Commissioner given by the complainant. |
Ex.C3 | 24.04.2013 | Discharge summary. |
Ex.C4 | 24.04.2013 | Medical bill. |
Ex.C5 Series | 24.04.2013 | Voucher 4 nos. |
Ex.C6 | 04.05.2013 | Copy of legal notice sent by the complainant to the opposite party. |
Ex.C7 | 06.05.2013 | Acknowledgment card. |
| | |
OPPOSITE PARTY'S EXHIBITS: Nil
LIST OF MATERIAL OBJECTS: NIL
(A.ASOKAN)
PRESIDENT
(V.V. STEEPHEN)
MEMBER