BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              :           PRESIDENT

SMT. PREETHA G. NAIR                           :           MEMBER

SRI. VIJU  V.R.                                             :           MEMBER

C.C.No.298/2023 Filed on 17/06/2023

ORDER DATED: 30/09/2024

ORDER

SRI.P.V.JAYARAJAN: PRESIDENT

This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.After hearing the matter the commission passed an order as follows:

This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party.  After admitting the complaint, notice was issued to the opposite party.  The said notice was accepted by the opposite party on 16/07/2023.  The opposite party entered appearance and filed written version denying the allegation raised by the complainant.  Since 11/04/2024 this case is posted for proof affidavit of the complainant.  The complainant continuously absent since 03/02/2024 and not filed proof affidavit, inspite of giving sufficient opportunities.  As such there is no piece of evidence against the opposite party so as to substantiate the allegation raised by the complainant against the opposite party.  In the above circumstances, we find that the complainant has miserably failed to prove his case against the opposite party.  In view of the above discussion we find that this is a fit case to be dismissed for want of evidence.   

In the result the complaint is dismissed.  There will be no order as to cost.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 30^th  day of September,  2024.