Tamil Nadu

StateCommission

RP/7/2022

The Proprietor - Complainant(s)

Versus

Anbazhagan - Opp.Party(s)

Kajanavas

12 Sep 2022

ORDER

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present: Hon’ble Thiru Justice R.SUBBIAH  ... PRESIDENT

             Thiru.R VENKATESAPERUMAL … MEMBER

 

Revision Petition No.07 of 2022

(Against the Order, dated 23.05.2022, passed in C.C. No.04/2022, on the file of the DCDRC, Tiruvannamalai)

                                                    

                                                     Orders, dated:12.09.2022

 

The Proprietor,

M/s. Balamurugan Automobiles,

New bye pass Road, Hotel River View,

Vellore – 632 004.

Vellore District.              … Revision Petitioner / Opposite party.

 

- Versus -

M. Anbazhagan,

S/o. Mr. Murugan,

No.56 A, Road Street,

Kovoor Village,

Ladavaram PO,

Kalasapakkam Taluk,

Thiruvannamalai District.

                                    … Revision Respondent /Complainant.                      

 

For Rev. Petitioner/ Opposite party   : M/s. Y. Kaja Navas

For Rev. Respondent / Complainant : M/s. EP. Senniyangiri

 

     This Revision Petition is listed today and, after hearing the arguments of the counsel for both parties and upon perusing the materials on record, this Commission passes the following:-

 

 

 

O R D E R

R.Subbiah, J. – President.   (Open Court)

 

                     This Revision Petition is filed against the Order, dated 23.05.2022, passed by the DCDRC, Tiruvannamalai, in C.C. No.04/2022, whereby, the District Commission has set the Revision Petitioner herein/Opposite Party exparte for non-filing of written version within the stipulated time and consequently, adjourned the Case to 01.06.2022 for filing proof affidavit by the complainant.

             2. Heard the submissions of the counsel appearing for both parties.

              The revision petition has been filed by the OP as against the order dt.23.05.2022 passed by the DCDRC, Tiruvannamalai setting the revision petitioner/opposite party herein exparte in C.C. No.04/2022.  But the complaint has not reached any finality till date.  When that being the position, we are of the opinion that keeping the Revision Petition filed by the OP pending will further delay the matter and further the non-filing of the written version within the stipulated time by the opposite party before the District Commission was neither willful nor wanton which was also evident from his petition.  Since the reasons assigned by the OP seems to be bonafide and also, in the interests of justice, we are inclined to allow this Revision Petition by setting aside the impugned order.

                     3. In the result, the Revision Petition is allowed and the impugned order, dated 23.05.2022, passed in C.C. No.04/2022 by the DCDRC, Tiruvannamalai, in setting the Revision Petitioner/OP exparte is set aside, and the OP shall file their Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.04/2022 on the next date of hearing without fail, whereupon, the District Commission shall proceed with the case in accordance with law, for its early disposal.

 

 

R VENKATESAPERUMAL                         R.SUBBIAH, J.

MEMBER                                                      PRESIDENT.

 

 

ISM/TNSCDRC/Chennai/Orders/September/2022.