Mr. Justice D.R. Vithal Rao, President— This appeal, by the complainant, is directed against the order dated 10-3 -1992, passed by the District Forum, Mysore, in complaint No. 691/90-91 dismissing the complaint.

The facts, briefly stated, are as follows :

1. The appellant-complainant, sought the following reliefs in the complaint:—

"We pray for the following : The company should strengthen the quality standards based on the recommendation of a reputed consulting firm, to levy a penalty on the company of atleast Rs. 1,000/- as a token so that they will be more careful and also to pay us for our expenses involved in filing this case."

2. 2.It is the case of the complainant that one Mr. Nagesh purchased a Milk satchet from the opposite party, in which ant and cockroach was found. This fact was published in the local newspaper. Re-action of the opposite party was one of indifference. So the complainant claimed reliefs as narrated above.

3. 3.The opposite party, though served, remained absent, did not file any statement of objections. The complainant did not lead any evidence either oral or documentary.

4. 4.The District Forum, considering the facts and the circumstances averred in the complaint held that the complainant did not make out any case and in that view dismissed the complaint.

5. 5.We have called for the records and received. We have also heard the parties.

6. It is not disputed that the said Sri T. Nagesh has also filed complaint seeking certain relief which is pending on the file of the District Forum, Mysore, in complaint No. 221/MD/91. The fact that whether the milk satchet purchased by Mr. T. Nagesh from the opposite party contained ant and cockroach is pending consideration before the District Forum, Mysore, in complaint No. 221/MD/91.

7. In the present case, as referred above, the complainant did not lead any evidence either in the shape of affidavit or oral or documentary. Even the averments contained in the complaint, did not find any verification. Therefore, it is clear that the averments contained in the complaint had remained at the stage of allegations only. No material has been placed on record to prove those facts averred in the complaint. Therefore, we do not find any error or illegality in the finding recorded by the District Forum in dismissing the complaint.

ORDER

In the result, therefore, this appeal fails and it is dismissed. The parties are directed to bear and pay their own costs in this appeal.

Appeal dismissed.

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