Haryana

Yamunanagar

CC/31/2023

Sanjay Kumar S/o Dharam Pal - Complainant(s)

Versus

Aakash Educational Services Ltd. - Opp.Party(s)

P.K. Sharma

28 Feb 2023

ORDER

CC No.31 of 2023.

Sanjay Kumar    Vs.    Aakash Educational Services.

 

Present:       None for the complainant.

 

                On 03.02.2023, the proceedings were adjourned to 16.02.2023 for arguments on the point of admission. On 16.02.2023, the proceedings were again adjourned to 20.02.2023 for arguments on the point of admission due to lack of quorum of the Commission. On 20.02.2023, the complainant failed to appear before the Commission either in person or through any advocate. In order to avoid any sort of prejudice to the complainant, the proceedings were adjourned to 28.02.2023 i.e. today itself, but the complainant again failed to appear before the Commission either in person or through any advocate. No separate notice is required to the complainant or his counsel, because, party who initiates the litigation is supposed to remain vigil towards the proceeding. Moreover, every order passed by the Commission is promptly uploaded on the net website known as CONFONET.

                The complaint cannot be dismissed on account of default in appearance as envisaged under Section 38 (3) (C) of the Consumer Protection Act, 2019. In the present case, from the own pleading of the complainant, it is clear, the candidate/victim at the hands of the respondents is one Yuvraj, whereas the complaint is by Sanjay Kumar and email addressed to the respondent is by Kuldeep. There is a lot of confusion in the pleadings, resultant, pleadings of the complainant are vague and on the basis of vague pleadings, notice of the complaint to the respondent, is not justified. Under the circumstances, complaint of the complainant is rejected and after removing the defect in the pleadings as observed here-in-before, the complainant shall be at liberty to file afresh complaint and in fresh complaint, he will disclose the particulars of the present complaint and its fate. File be consigned to the records.

 

                                                                                      President,

                                                                                      DCDRC, YNR,

L. Member                               Member                       28.02.2023.

 

Typed by: Jitender Sharma, Steno-typist.