Assistant director

mere pleadings are not enough, one has to file affidavit to prove the case. absence of affidavit is fatal=No evidence has been filed before us through this revision petition to rebut the ground on which the appeal came to be dismissed by the State Commission vide its impugned order. Coming to the merits, so far as the order of the District Forum is concerned, we find that as per the well-established procedure the District Forum has to settle the consumer disputes on the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or disputes the allegations contained in the complaint. Since the petitioner failed to prove its submissions through affidavit in evidence, the same could not be accepted by the District Forum. It is seen from the order of the District Forum that after filing its reply containing submissions not supported by any affidavit, the petitioner also chose to remain absent and was proceeded against ex parte. In the circumstances, we do not find any irregularity, illegality or jurisdictional error in the order passed by the District Forum or dismissal of the appeal of the petitioner by the State Commission through the impugned order.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION No. 2864 OF 2011 (From the Order dated 31.05.2011 in FA No 738/2011 of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur) Indian Institute of Professional Studies Through Mr. Anuj Kumar Goyal                                                       Petitioner Assistant Director Deep Bhawan, Polytechnic Chauraha Faizabad Road, Indira Nagar, Lucknow (U.P.) Versus Smt. … Continue reading →