Haryana

Yamunanagar

CC/371/2022

Kartik Moudgil S.o Ajay Krishan Moudgil - Complainant(s)

Versus

Nagpal World Vision - Opp.Party(s)

Vikas Aggarwal

25 Jan 2023

ORDER

CC No.371 of 2022.

Kartik    Vs.    Nagpal World Vision.

 

Present:       None for the complainant.

                    None for the opponents No.1 & 3.

                    Opponent No.2 ex-parte.

                  

                 Notice of the complainant had not been delivered upon the opponent No.3, fact is reflected from the order dated 26.12.2022 and 16.11.2022. Notice of complaint was also not served upon the opponent No.1 due to incorrect address and the complainant was given opportunity to furnish the correct address, but complainant failed to appear before the Commission on 16.11.2022, 06.12.2022, 26.12.2022 and 17.01.2023 and the compliance of order dated 16.11.2022 has not been done by the complainant. No doubt, as per Section 38 (3) (C) of the Consumer Protection Act, 2019 is not required to be dismissed on account of the default of appearance, rather required to be decided on merits. On merit decision of the complaint possible only when, notice of the complaint has been served upon all the parties who have been impleaded as opponents by the complainant, because no one can be condemned unheard. The non compliance of the order of the Commission qua effective service upon the respondents No.1 and 3 by the complainant, means, complainant has no more willing to prosecute the present complaint. The present complaint is dismissed due to non compliance of order dated 16.11.2022 passed by this Commission. However, the complainant shall be at liberty to file afresh complaint against the opponents on same cause of action, if he comes to know about the correct address of the opponents No.1 and 3, subject to period of limitation and in the fresh complaint, complainant will disclose the particulars of this complaint and its fate. File be consigned to the records.

 

                                                                                       President,

                                                                                      DCDRC, YNR,

L.Member                                Member                        25.01.2023.

 

Typed by: Jitender Sharma, Steno.