Orissa

Kalahandi

CC/3/2020

Anil Kumar Padhi - Complainant(s)

Versus

The Manager, Vivo Mobile India Pvt.Ltd. - Opp.Party(s)

Anil Kumar Padhi

08 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KALAHANDI
NEAR TV CENTRE PADA, BHAWANIPATANA, KALAHANDI
ODISHA, PIN 766001
 
Complaint Case No. CC/3/2020
( Date of Filing : 09 Jan 2020 )
 
1. Anil Kumar Padhi
S/O-Dhirendra Padhi At-Bank Colony Po/Ps- Bhawanipatna
Kalahandi
Odisha
...........Complainant(s)
Versus
1. The Manager, Vivo Mobile India Pvt.Ltd.
10th and 11th Floor, Palm Springs Plaza(Complex) Village Wazirabad, Sector,-54 Gurugram,Harayana-122003
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Aswini Kumar Patra PRESIDENT
 HON'BLE MR. Sudhakar Senapothi MEMBER
 
PRESENT:Anil Kumar Padhi, Advocate for the Complainant 1
 Santosh Kumar Naik & Associate, Advocate for the Opp. Party 1
Dated : 08 Feb 2023
Final Order / Judgement

Parties are absent on call. Perused the previous order and it is found that the complainant is remaining absent on the date fixed for hearing . However, in view of Sec 38(3) (c) of C.P Act ,2019 case record taken up to decide the complaint on merit. Perused the material available on record. Complainant has raised an allegation against the O.Ps for selling goods. Complainant has failed to adduced any evidence to substantiate his claim, though sufficient opportunity has been given. As per Sec38 (6) of C.P Act ,2019 every complaint shall be heard by te District Commission on the basis of affidavit and documentary evidence placed on record. Thus the onus is there on the complainant to prove the alleged defect and he has to prove his case, However, the complainant has failed to prove the allegation made against the O.P . Hence, this complaint has got no merit stand dismissed .However, no order as to cost.

 
 
[HON'BLE MR. Aswini Kumar Patra]
PRESIDENT
 
 
[HON'BLE MR. Sudhakar Senapothi]
MEMBER
 

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