Karnataka

Bangalore 1st & Rural Additional

CC/444/2016

Syed Jallaluddin Hussaini, - Complainant(s)

Versus

Dentist Azam Pasha Super Specialty - Opp.Party(s)

20 Jan 2017

ORDER

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20
PRESENT SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B., PRESIDENT
SRI.H.JANARDHAN, B.A.L., LL.B., MEMBER
 
Complaint Case No. CC/444/2016
 
1. Syed Jallaluddin Hussaini,
1/6th cross,Jayamahal Extension Nandiduraga Road, Bangalore-560046
...........Complainant(s)
Versus
1. Dentist Azam Pasha Super Specialty
Dental clinic No.41, Mosque Road Facing M.M Road Mosque Complex Frazer town, Bangalore
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B., PRESIDENT
 HON'BLE MRS. SMT. BHARATI.B.VIBHUTE. B.E., L.L.B., MEMBER
 HON'BLE MR. SRI.JANARDHAN.H MEMBER B.A., L.L.B MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 20 Jan 2017
Final Order / Judgement

Dated:20.01.2017

CC.No.444/2016

 

Case called out, complainant absent.  On perusal of the order sheet it reveals that, the stage is set down for evidence of complainant.  Since many dates of hearing complainant remained absent. Inspite of the opportunity is given to the complainant to file her affidavit evidence, however, for the reasons best known to the complainant but the complainant did not come forward to file her affidavit evidence.  The continuous absence of the complainant and non-filing of the affidavit evidence shows that the complainant is not interested in prosecuting the case. 

           Further the complainant has to prove his case by filing affidavit evidence but the complainant did not turn to file his affidavit evidence.  The case of the parties cannot be appreciated merely on the basis of pleadings.  The pleadings are not the substitute for evidence.  In the attendant circumstances of the case, the complaint is dismissed for want of prosecution.

 

 

 

 
 
[HON'BLE MR. SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B.,]
PRESIDENT
 
[HON'BLE MRS. SMT. BHARATI.B.VIBHUTE. B.E., L.L.B.,]
MEMBER
 
[HON'BLE MR. SRI.JANARDHAN.H MEMBER B.A., L.L.B]
MEMBER

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