Tamil Nadu

StateCommission

RP/51/2022

Ponnaiya ramajayam institute of medical science - Complainant(s)

Versus

B.Pavan sai - Opp.Party(s)

S.mehana sundarrajan

19 Oct 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.51 of 2022

(Against the Order, dated 02.09.2022, passed in C.C. No.59/2022, on the file of the DCDRC, Kanchipuram @ Chengalpattu)

                                                    

                                                     Orders, dated:19.10.2022

Ponnaiyah Ramajayam Institute

of Medical Sciences (PRIMS),

Represented by its Chairman,

Manamai Nallur,

Chengalpattu District,

ECR, Chennai – 603 102.

                                           ... Revision Petitioner / Opposite Party

vs.

B. Pavan Sai,

S/o. Mr. Venkata Rathinam,

No.7/157, 5^th Cross Road,

Periyar Street,

Edapalayam,

Chennai – 600 052.                       … Respondent / Complainant.

                                     

For Rev. Petitioner/ Opposite party  : M/s. S. Mohana Sundarrajan

 

     This Revision Petition is listed today and, after hearing the arguments of the counsel for the revision petitioner 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 02.09.2022, passed by the DCDRC, Kanchipuram District @ Chengalpattu in C.C. No.59/2022, whereby, the District Commission has set the Revision Petitioner herein/ Opposite Party exparte and consequently, adjourned the case to 19.09.2022 for filing proof affidavit of complainant.

             2. Heard the submissions of the counsel appearing for the revision petitioner/ Opposite Party.

The revision petition has been filed by the Opposite Party as against the order dt.02.09.2022 passed by the DCDRC, Kanchipuram District @ Chengalpattu setting the revision petitioner/ Opposite Party herein exparte in C.C. No.59/2022.  But the complaint has not reached any finality till date, we feel that issuance of notice to the other side can be dispensed with. Moreover, when the Consumer Protection Act stipulates a period of 90 days for resolution of the complaints filed before the Consumer Commissions, keeping the Revision Petition filed by the opposite party pending will further delay the matter and further, their non-filing of written version by the opposite party within the specified time limit before the District Commission was neither willful nor wanton.  Since the reasons assigned by the opposite party 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 02.09.2022, passed in C.C. No.59/2022 by the DCDRC, Kanchipuram @ Chengalpattu in setting the Revision Petitioner/Opposite party exparte is set aside and the Opposite party shall file their Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.59/2022 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.