Order below application filed by opposite party No.1 dated 16/09/2022 to dispose of complaint for non appearance of the complainant dismiss the complaint in CC/15/253

Per M.P.Kasar Member

1. It is stated that, complainant has failed to appeare before commission and have made themselves absent till date. It is stated that complainant also failed to file written statement and failed to take any action to represent its case since 2020 as directed by the forum.  Such inaction on part of the complainant justifies his vexatious intent towards the opposite party.  So to dismiss the complaint filed by the complainant and any other order may deem to see fit and proper.
2. Complainant failed to file his say on application so application proceeded without say of complainant
3. Heard opposite party through Adv.Snehal Goud.  Perused sections of consumer protection Act 1986    to decide application on merit we frame issues as follows :-

 Findings:-

As to issue No.1 &2:- From the perusal of roznam orders it has been noted that, complaint case has been admitted against opposite parties vide dated 30/11/2015 by our predecessor forum. From the perusal of roznamas  it is appearing that complainant is not appearing before commission and not taking any step .it appeared that  off and on complainant and advocate of complainant was present and again complainant and his advocate remained consistently absent before this forum and failed to take  appropriate step to proceed complainant case.

Section 13(2)( c ) says that; where the complainant fails to appear on the date of hearingbefore the district forum ,the district forum may either dismiss the complaint for default or decide on merit .

From the perusals of aforesaid sections it is appearing that said provision gives powers to commission to dismiss complaint in default of complainant case.

From the perusals of record of complaint case it has appeared that, complainant have remained absent from long time and also failed to take step.

So application deserves to be allowed in view of aforesaid provision and considering the principal of natural justice and rights of opposite parties. Due to defaults of complainant complaint case cannot be preceded. So we answer issue No.1 as yes and pass order as follows :-

                                                                              ORDER

1. Application filed by the opposite party dated 16/09/2022 to disposable of complaint case for non appearance of the complainant  is hereby allowed  as per section 13 (2 ) ( c) of Consumer Protection Act, 1986.
2. In view of above order No.1 CC/15/253 is dismissed against opposite parties and disposed of accordingly.