By H.B.Nayak,LL.M, President.
Brief facts of the complaint:-
The complainant is a consumer and this forum( Now Commission) has got jurisdiction to grant reliefs as sought for. The complainant has filed this complaint alleging deficiency in service and unfair trade practice against O.P.s.Interalia, the complainant urge for directing O.Ps to refund Rs.7,072/- his monthly installment with 18% interest P.A and to pay a compensation for Rs.50,000/- for negligence and unfair trade practice.
The substance of the complaint is that to maintain livelihood, he has purchased an Auto bearing Regd. No. OD 27A 5031 from midway pvt.ltd. Berhampur on dt.31.08.2017, being financed by O.P No.2 @ Rs.7,072/- EMIs. He has deposited two EMIs in May 2018 and June 2018 through O.P.No.1 (agent) against receipt issued by O.P No.1.But it is avrred that O.P No.1 has not deposited his EMI for the month of May,2018 for which complaint is made to O.P No.2 but in vain. It is averred that O.P No.1 is the collection agent of O.P No.2 and has also taken Rs.2,000/- from the complainant illegally. All such matter is reported to O.P No.2 but he expressed his inability. Therefore, this complainant has been filed having no other way out.
Our considerate view at this stage is that the complainant is having a good case against O.Ps. But after careful peruse of the case record, it is seen that years Together, the complainant himself is not attending the court to comply the order of the commission to take fresh steps against O.Ps, since registered post returned unserved against O.Ps and the complainant fails to comply the order of this commission to take suitable/fresh steps for service of notice against O.Ps. The complainant is of the year 2018 and the complainant has not taken fresh steps against O.P to procure their attendance nor in any way assist the commission to proceed further and adjudicate this case. It is well settled that a case can not be decided on, unless sufficient opportunities of being hard is given to O.Ps. The conduct of complaint shows that he do not want to proceed further.
Therefore regard being had to the facts and circumstances, we would like to dismiss the complaint on merit against O.Ps without cost and compensation.
Case disposed of.
Order pronounced in the open court this the day of 18th April, 2023 under the seal and signature of this commission. Free copy of order be supplied to the parties, if applied for.
