KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD, THIRUVANANTHAPURAM
REVISION PETITION No.57/2023
ORDER DATED: 24.09.2024
(Against the Order in I.A.No.73/2022 in C.C.No.176/2021 of DCDRC, Pathanamthitta)
PRESENT:
HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR | : | PRESIDENT |
SRI. AJITH KUMAR D. | : | JUDICIAL MEMBER |
SRI. K.R. RADHAKRISHNAN | : | MEMBER |
REVISION PETITIONER/OPPOSITE PARTY:
| Rajan Mathew, S/o Mathew, Vallavilayil House, Vazhamuttam P.O., Pathanamthitta |
(by Adv. Narayan R.)
Vs.
RESPONDENT/COMPLAINANT:
| Ajin N. Mathew, Niravathu House, Flat No.VI, Green Valley Apartment, Kodumthara, Pathanamthitta – 689 647 |
(by Adv. R. Santhosh)
O R D E R
HON’BLE JUSTICE B. SUDHEENDRA KUMAR : PRESIDENT
The revision petitioner is the opposite party in C.C.No.176/2021 on the files of the District Consumer Disputes Redressal Commission, Pathanamthitta (“the District Commission”, for short).
2. The respondent herein filed a complaint before the District Commission alleging deficiency in service in the sale of a flat.
3. The revision petitioner filed I.A.No.73/2022 before the District Commission challenging the maintainability of the complaint. The District Commission, as per order dated 04.01.2023, dismissed the said application, against which this revision petition has been filed.
3. Heard both sides.
4. When this matter has been taken up for hearing, it has been brought to the notice of this Commission that I.A.No.114/2021 filed by the respondent before the District Commission along with the complaint, to condone the delay in filing the complaint, is still pending before the District Commission. The proceedings of the District Commission would also show that I.A.No.114/2021 filed by the respondent herein was posted for hearing along with I.A.No.73/2022 on many days. However, the District Commission eventually passed an order in I.A.No.73/2022 on 04.01.2023 without passing any order in I.A.No.114/2021.
3. Since I.A.No.114/2021 was a petition seeking for condonation of delay in filing the complaint, that application ought to have been considered by the District Commission before considering any other application. However, before disposing of I.A.No.114/2021, I.A.73/2022 was disposed of. For the said reason, we are of the opinion that the order impugned cannot be sustained and consequently we set aside the same.
4. In the result, we allow this revision petition, setting aside the order in I.A.No.73/2022 and directing the District Commission to consider I.A.No.114/2021 first and thereafter pass order afresh in I.A.No.73/2022 untrammeled by any of the observations contained in the order impugned.
5. The District Commission shall consider the above I.A.No.114/2021 as expeditiously as possible and at any rate within thirty days from the date of receipt of this order.
JUSTICE B. SUDHEENDRA KUMAR | : | PRESIDENT |
AJITH KUMAR D. | : | JUDICIAL MEMBER |
K.R. RADHAKRISHNAN | : | MEMBER |
SL
