Tuesday , 17 September 2019
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Complaint can be dismissed for non- joinder of parties

By Adv. Jatin Ramaiya

Consumer complaint can be dismissed for not adding correct parties, it is trite of law that if a complaint seeks any relief in a court or forum he has to add all such parties who are necessary for adjudication of the allegations made by him in his complaint, observed the Consumer Forum, North Goa.

Local resident Dias had approached the Consumer Disputes Redressal Forum, North Goa complaining against Harikant Sahu, in-charge of The Jio Digital Life and Rushab Shah of CC Tele Communication Pvt. Ltd alleging that he had purchased a mobile handset with a battery from the Jio Digital Life for a total consideration for Rs 4,499 on July 3 2017.

However September 4 2017, he found that the mobile was not functioning. So, the Jio in-charge told him to go to Intex Service Centre.  Dias further claimed that on April 11 2018 the said mobile handset stopped functioning after being charged and so was given for repairs to service centre, wherein he was told to purchase a new battery.

 However, Dias did not purchase the same as the mobile was within warranty. Though notices were issued both parties arrayed by Dias none of them appeared in the Forum to defend the case. However, the Forum deemed it fit to dismiss the complaint whilst holding that the complaint was bad for lack of joining the manufacturer and the retailer who had sold the handset.

The Forum observed that “Secondly, the manufacturer is not made party to the said proceedings. We have also noted as per Exhibit ‘A’ that the said mobile is purchased from ‘Reliance Retail Ltd.’ but is not made a party and one Harikant Sanu, incharge of The Jio Digital Life is made as a party.”  The Forum further held that Dias did not produce the warranty card or any other cogent evidence to substantiate his case that the service centre asked him to purchase a new battery.

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