DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

C.C. No-375/2016

Date of Filing:                                        Date of Admission:                             Date of Disposal:

16.06.2016                                                22.06.2016                                    19.02.2019

Complainant:-                         Vijay Pincha,

67, Ganesh Chandra Avenue,

Kolkata- 700013.

=Vs=

Opposite Party:-                     The Supervisor,

Interglobe Aviation Limited (INDIGO),

Netaji Subhas Chandra Bose International Airport,

Dum Dum, North Dum Dum,

West Bengal- 700052.

PRESENT     :-          Smt. Silpi Majumder  ……………………………Member.

                        :-          Smt. Monisha Shaw ……………… …………….Member.

                                                  Final Order/Judgment

This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well unfair trade practice against the OP as the OP did not take any step for redressal of his grievance till filing of this complaint.

Today is fixed for showing cause by the Complainant, in default dismissal of the complaint. None is present on behalf of the Complainant, no cause is shown. The record reveals that on earlier several occasions the Complainant remained absent and for this reason the Complainant was directed to show cause. We have noticed that on 16.01.2018 by filing a petition the Complainant prayed for passing judgment. But during that time on scrutiny it was detected that the notice was not served upon the OP. It was observed that until and unless notice is served upon the OP hearing argument cannot be made. Scope was given to the Complainant for taking necessary step for issuance of notice upon the OP. But since then till date no step is taken by the Complainant and due to such inaction on the part of the Complainant direction was made for showing cause. It is seen by us from the record that after filing of this complaint on 16.06.2016 notice could not be served upon the OP, but surprisingly before completion of service of notice upon the OP and without giving scope for filing written version to the OP the evidence filed by the Complainant was accepted and opportunity was given to the Complainant for filing BNA. Accordingly the Complainant filed BNA and by filing a petition the Complainant prayed for adoption his petition of complaint as his evidence on affidavit. Though in the order dated 29.09.2016 it was written the service is completed, but there is no iota of evidence from where it can be said that the OP has received the notice.

Cont……………….2

:2:

C.C. No-375/2016

If that be so then why in the order dated 25.04.2017 this Ld. Forum observed that service was not satisfactory and pleased to fix for service return. Practically as per the record this complaint is fixed for S/r & appearance of the OPs since 29.04.2017, but in this regard no step has been taken by the Complainant till 19.02.2019. Such dilly-dalling practice of the Complainant is clearly revealed that the Complainant is not at all interested to proceed with this complaint. Under this situation we have no other option but to dismiss the complaint.

Hence it is ordered that the Consumer Complaint being no-375/2016 is hereby dismissed for default. Considering the facts and circumstances of the complaint there is no order as to cost.

Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.        

Member                                                                                                            Member                                   

Dictated & Corrected by