Haryana

Panipat

CC/250/2023

SHIV GORI TRADING COMPANY - Complainant(s)

Versus

THE SELLER EP ELECTRONIC PARADISE PVT. LTD THROUGH ITS PROPRIETOR - Opp.Party(s)

01 Aug 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
PANIPAT
 
Complaint Case No. CC/250/2023
( Date of Filing : 04 Jul 2023 )
 
1. SHIV GORI TRADING COMPANY
315 DES RAJ COLONY , NEWAR BARSANA KUNJ
PANIPAT
HARYANA
2. NEHA GUPTA EMPLOYEE OF SHIV GORI TRADING
315 DES RAJ COLONY , NEWAR BARSANA KUNJ
PANIPAT
HARYANA
...........Complainant(s)
Versus
1. THE SELLER EP ELECTRONIC PARADISE PVT. LTD THROUGH ITS PROPRIETOR
SHOP NO. 4 , GROUND FLOOR, NEAR BUS STAND, G.T. ROAD
PANIPAT
HARYANA
2. M/S DAIKIN AIR CONDITIONING INDIA PVT. LTD. THROUGH ITS GENERAL MANAGER/MD/AUTHORIZED REPRESENTATIVE
DAIKIN AIR CONDITIONING INDIA PVT. LTD. 12 FLOOR, BUILDING NO.9, TOWER A, DLF CYBER CITY,TH DLF PHASE-III, GURGAON-122002
GURUGRAM
HARYANA
............Opp.Party(s)
 
BEFORE: 
  Dr. J.R. Chauhan PRESIDENT
  Dr. Suman Singh MEMBER
 
PRESENT:
Neha Gupta, Representative of complainant firm Shiv Gori Trading Company.
......for the Complainant
 
Dated : 01 Aug 2023
Final Order / Judgement

Neha Gupta as representative on behalf of Shiv Gori Trading Company has been appeared and she has been heard on the point of admissibility of the complaint.

2.                As per perusal of the complaint, same has not been signed by the proprietor or partner of the firm. This complaint has been filed online on behalf of the Firm through proprietor Mohan Lal Gupta but same has not been signed by Mohan Lal despite direction and notice sent to complainant. The proprietor is not present before this Commission and hence unsigned complaint cannot be entertained.

3.                Even affidavit submitted online with the complaint is defective and the same does not bear the signature of deponent/complainant. This affidavit has been signed by Notary public but complainant has failed to produce original copy of this affidavit despite demand of this Commission. Further even no details of events (date-wise) have been provided as required. Even no copy of invoice/bill regarding purchase of the product has been produced on record by the Representative today and failed to produce hard copies of necessary documents as required.

4.                  The affidavit submitted by the complainant received online is totally defective and despite direction of this Commission, the complainant has not submitted original copy of affidavit at the time of hearing. The form of the complaint is defective despite the fact that the necessary performa has already been sent to Bar Association Panipat as well as affixed on the notice board of this Commission.

5.                In view of above discussion, the present complaint is not maintainable in the present form and same is hereby dismissed at this stage. However, the complainant Shiv Gori Trading through proprietor Mohan Lal Gupta is at liberty to file fresh complaint on the same cause of action after meeting out the necessary requirements as discussed above.

6.                Copy of this order be supplied to the complainant free of costs and file be consigned to the records after due compliance.

 
 
[ Dr. J.R. Chauhan]
PRESIDENT
 
 
[ Dr. Suman Singh]
MEMBER
 

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