DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Wednesday the 08th day of February 2023
C.C.364/2022
Complainant
Sarang S,
Sree Padmam (H),
Kakkur (P.O),
Kozhikode-673 019.
Opposite Party
Proprietor,
The Book Addicts,
Good Shephered Street,
Kottayam-686 001
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under section 35 of the Consumer Protection Act, 2019.
- The complainant has approached this Commission seeking compensation from the opposite party alleging that the book ordered by him was not supplied.
- The opposite party was set ex-parte.
- The points that arise for determination in this case are :
- Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged ?
- Reliefs and costs.
- Point No.1 – The opposite party was set as ex-parte. The case was posted for evidence of the complainant several times . But the complainant also remained absent and did not file affidavit or adduce any evidence. Even after giving notice the complainant failed to appear. The fact that the opposite party was set ex-parte does not automatically entitles the complainant to get the relief sought for. It is for the complainant to prove the allegations in the complaint by adducing proper evidence. But the complainant in this case has utterly failed to prove his case. The unfair trade practice and deficiency of service as alleged is not proved.
- Point No.2 : In view of the finding on the above point, the complainant is not entitled to get the relief sought for and the complaint is only to be dismissed.
In the result, CC 364/2022 is dismissed.No order as to costs.
Pronounced in open Commission on this the 08th day of February, 2023.
Date of Filing: 27/12/2022
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PRESIDENT
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APPENDIX
NIL
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PRESIDENT
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Forwarded/ By Order
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Assistant Registrar
