Heading1 Heading2 Complaint Case No. CC/01/2016 ( Date of Filing : 27 Jul 2016 ) 1. Sekhar kumar routh seraikella ...........Complainant(s) Versus 1. Subash Mahato Rajnagar of vill.rajnagr,P.o & P.s- Rajnagar ............Opp.Party(s) BEFORE: HON'BLE MR. JUSTICE MOHAN CHOUBAY PRESIDENT HON'BLE MRS. HEMLATA ARUN MEMBER For the Complainant: For the Opp. Party: Dated : 11 May 2018 Final Order / Judgement Consumer Case No- 01/2016 ORDER SEKHAR KUMAR ROUTH ?????????.. Complainant VERSUS Subash Mahato ???????.??????OPP. Parties 11.05.2018:- Both the parties are absent. Case is callout nobody appeared on behalf of the parties or their counsels. On perusal of the record it appear case is going for argument. Future it appears that after filing the show cause case has been fixed for evidence of the complainant but the complainant could not produce any witness orally or documentary after giving the last chance where the complainant has not produce any witness then the evidence of the complainant has been closed and the case has been fixed for evidence of the o.p and o.p produce only one witness namely subhas chandar mahato who is the opposite party himself. On 20.04.2018 the evidence of the o.p has been closed and case is fixed for argument of the parties. Further it appears case has been filed on 27.08.2016 but the complainant from 20.02.2017 to up till now did not take any step but the case is relates to defect of the new VIDEOCON T.V which has been purchased from the shop of the o.p. The said fact it is admitted by the o.p in defect of T.V relates non functioning is also admitted by the o.p. In para 5 of the evidence of the witness subhash Chandra mahato but in para 6 of the show cause o.p stated that complainant has taken one another set of the T.V VIDEOCON from service center. In this regard the record is clearly shows that after filing of show cause complainant did not take any step and he left his case knowingly because during the time of the filing show cause complainant was present. The said version of the o.p is sported by his evidence in para 4 and the evidence of the o.p is on affidavit. Under such circumstances discussed above in default of the complainant the case is here by dismissed. [HON'BLE MR. JUSTICE MOHAN CHOUBAY] PRESIDENT [HON'BLE MRS. HEMLATA ARUN] MEMBER