IN  THE CONSUMER  DISPUTES  REDRESSAL  FORUM,    KOLLAM

               DATED THIS THE    19^th DAYOF OCTOBER   2020

Present: -        Sri.E.M.Muhammed Ibrahim, B.A, LLM. President

           Smt.S.Sandhya   Rani. Bsc, LLB ,Member

          Sri.Stanly Harold, B.A.LLB, Member   

CC.No.271/2016

RajanRajaneesh,

‘Excel’, Pattathanam,

Kollam                                                                                                :           Complainant

            (By Adv.V.Vraj Mohan)

V/s

1. The Proprietor,

Azad Travels, Kollam

Behind ChinnakkadaJuma Masjid,

Andamukkom Road,

Chinnakkada, Kollam

(By Adv. UmayanalloorK.Ramachandran Nair)

2. The Manager

Air Pegasur,

Kampagauda International Airport,

Devanahalli, Bangalore,

Karnataka Pin 560 300.,                                                         :           Opposite parties

ORDER

Sri. E.M.MUHAMMED IBRAHIM , B.A, LLM,PRESIDENT

          This is a case based on a consumer complaint filed u/s 12 of the Consumer Protection Act against 2 opposite parties seeking to pass an order directing the opposite parties to repay the full air ticket value of Rs.26, 340/- with 18% interest till realization to the complainant and also to pay Rs.23,000/- spent for treatment and alternative travel and to pay Rs.50,000/- as compensation for the mental agony suffered by the complainant  due to the deficiency in service of the opposite parties.

          In response to the notice the 1^st opposite party entered appearance and resisted the complainant by filing a detailed version.  The notice issued to the 2^nd opposite party returned stating that “office left”.  Though notice was repeated in the correct address of the opposite party furnished by the complainant the same was also returned served.  Inspite of specific direction to produce the present correct address of the 2^nd opposite party the same was not produced.  Hence the 2^nd opposite party was deleted from the party array and decided to proceed against 1^st opposite party only.

 The case was posted for trial in the list to 18.12.2018 on that day the complainant was absent and applied which was allowed and the case was relisted for trial to 29.01.2019.  On that day case was posted for settlement to 05.03.2019,   but not settled.  Hence againposted for trail to 16.04.2019.  On that day the complainant was absent.  Hence again the case was listed for trail to 03.06.2019.  On that day the learned counsel for the complainant sought time to file proof affidavit which was allowed and posted to 09.07.2019.  However on 09.07.2019, the counsel for the complainant was absent and the proof affidavit was not filed.  The 1^stopposite party represented hence posted for disposal to 30.07.2019.  On that day both parties represented and the learned counsel for the complainant filed IA 203/2019 praying to allow him to adduce evidence.  The prayer was allowed and posted for trial to 30.09.2019  and on that day the complainant filed chief affidavit and as the complainant applies for time to adduce evidence, case adjourned and  posted for cross examination of the complainant to  04.11.2019.  On 04.11.2019 complainant was absent and the learned counsel for the complainant sought time to examine the complaint which was allowed as last chance and posted for examination of the complainant to 04.12.19 on which date also the complainant was absent.  But the counsel for the complainant applied for time to examine the complainant which was allowed and posted to 14.01.2020 on which date also the complainant was not ready to mount the witness box and face cross examination and he sought for 3 months timeby stating that he has been undergoing dialysis.  The prayer was allowed and posted for cross examination after 3 months to 20.04.2020.  On that day case was adjourned by notification to 29.06.2020.  On 29.06.2020 also the complainant was absent and opposite party was present.  On that date the case was posted for cross examination of the complainantas last chance with a direction that the complainant shall be present on the next posted date positively to face cross examination and posted to 09.07.2020.But on 09.07.2020 there was no sitting due to the spread of covid 19.  Hence the case was posted by notification to 26.08.20 on which date also there was no sitting as the President was on Casual Leave.  Hence the case was adjourned by notification to 19.10.2020. 

Today (19.10.2020) when the case was called in the roll call the complainant and his counsel was absent.  Opposite party present.  Complainant is continuously absent even though the case was posted for cross examination of the complainant. No application stating the reasons and seeking time has been filed to excuse the absence of the complainant.  Another advocate sought for time which was not allowed as the complainant has notbeen getting ready to face cross examination for the last 2 years.    In the circumstances we are of the view that the complainant is having no interest in proceeding with the case.  Hence the prayer made by another Advocate to adjourn the case has been declined. 

In the result complainant stands dismissed for default.

          No costs.

E.M .MUHAMMED IBRAHIM:Sd/-

                                                                                                            S.SANDHYA   RANI:Sd/-

                                                                                                            STANLY HAROLD:Sd/-

                                                                                                                                                                  Forwarded/by Order

                                                                                                                                                                                Senior superintendent