BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P.V.JAYARAJAN                                           :  PRESIDENT

SMT. PREETHA G. NAIR                                     : MEMBER

SRI. VIJU V.R                                                          : MEMBER

C.C. No. 73/2012  (Filed on 03.03.2012)       

ORDER DATED: 31.07.2024

Complainant:

Rajasekharan Nair, S/o Gangadharan Nair, Kudakkalumkal Padinjattethil, Vallikkadu, Kottayam P.O., Pathanamthitta.

            (By Adv. K. Gopakumar)               

Opposite parties:

1. The Managing Director, Premier Automobiles Limited, Corporate Office: 58, Nariman Bhavan, Nariman Point, Mumbai-400 021.

(By Adv. Rajesh Kumar K.)

2. The Manager, Supreme Motors, Authorized Dealer of Premier Limited, T.C. 43/42(3), Vazhichery Building, Toll Junction, Kamaleswaram, Manacaud P.O., Thiruvananthapuram-695 009.

     (By Advs. A.J. Mohammed Sali, G. Nissar & T.K. Siraj)

ORDER

SRI. P. V. JAYARAJAN:  PRESIDENT

          This complaint is filed under Sec. 12 of the Consumer Protection Act, 1986 and the matter stood over to this date for consideration.  After hearing the matter this Commission passed an order as follows:

          2.  This is a complaint filed by the complainant against the opposite parties alleging deficiency in service on the part of the opposite parties.  After admitting the complaint, notice was issued to the opposite parties.  The opposite parties entered appearance and filed written version denying the allegations raised by the complainant.  Since 04.09.2023 the complainant was continuously absent and the counsel appearing for the 1^st opposite party filed a memo stating that he was intimated by Sri. Kanak Jani, Chartered Accountant & Insolvency Professional vide letter dated 21.10.2021 that Corporate Insolvency Resolution Process is initiated in respect of the Corporate Debtor M/s. Premier Limited under the provisions of the Insolvency and Bankruptcy Code, 2016 by order of the National Company Law Tribunal, Mumbai whereby M/s Premier Limited is prohibited from institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order of any court of law, tribunal, arbitration panel or other authorities.  In view of that communication the counsel appearing for the 1^st opposite party submitted that he is unable to represent M/s Premier Limited in further proceedings of the above numbered complaint.  The memo was accepted and the complainant was directed to take steps.  In spite of giving sufficient opportunities the complainant failed to appear before this Commission and hence the case was adjourned to this date for appearance of the complainant as last chance.  When the case came up for consideration today, the complainant was absent and there was no representation.  No steps were also taken by the complainant.  In the above circumstances, we find that the complainant is not interested to further proceed with this complaint. 

In the result, the complaint is dismissed.  There will be no order as to cost.     

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 31^st day of July 2024.

              Sd/-

P.V.JAYARAJAN                : PRESIDENT

               Sd/-

PREETHA G. NAIR           : MEMBER  

             Sd/-

                                                     VIJU V.R                          : MEMBER

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