Tamil Nadu

StateCommission

RP/133/2023

M/S. MANIPAL CIGNA HEALTH INSURANCE COMPANY LIMITED - Complainant(s)

Versus

B.VAIDYANATHAN - Opp.Party(s)

MRS ELVEERA RAVINDRAN K VINOD S PONRAJ

29 Nov 2023

ORDER

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI - 3.

 

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

    

Revision Petition No.133 of 2023

 

(Against the Order dated 06.06.2022 passed in C.C. No.143/2022 on the file of the DCDRC, Chennai (South))

 

                                                     Orders, dated:29.11.2023

 

M/s. Manipal Cigna Health Insurance Company Limited,

Represented by its Managing Director,

Raheja Titanium 4^th Floor Unit No.401/402,

Off Western Express Highway,

Gurgeaon East,

Mumbai – 400 063,

Maharashtra.                       … Revision Petitioner / Opposite party.

 

- Versus –

B. Vaidyanathan,

Flat No.3, Chandra Flats,

No.63, Naichamar Street,

Postal Colony West,

Mambalam,

Chennai – 600 003.                                  … Respondent /Complainant. 

 

For Rev. Petitioner /  Opposite party  : M/s. Elveera Ravindran

 

For Respondent /Complainant           : M/s. K. Ganesan

 

 

     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 06.06.2022 passed by the DCDRC, Chennai (South) in C.C. No.143/2022, whereby, the District Commission has set the Revision Petitioner herein/ Opposite party exparte for non-appearance before the District Commission even after receipt of notice and consequently, adjourned the Case to 28.06.2022 for filing proof affidavit of the complainant.

 

2.     Heard the Revision Petitioner / Opposite party.   There was no representation for the respondent / complainant.

 

3.     This Revision Petitioner / Opposite party was set exparte for non-appearance before the District Commission.  Hence, the Revision Petition.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner / Opposite party stated that the court notice which was served to their office got mixed up with the other files and after diligent search, it was traced out and forwarded to their office at Mumbai and then they have taken steps to engage their Counsel.   But in the mean time on 06.06.2022, the Revision Petitioner was set exparte for non-appearance.  The non-appearance of the Revision Petitioner / Opposite party before the District Commission is neither wilful nor wanton.  Therefore, he prays before this Commission for setting aside the exparte order dated:06.06.2022.  When that being the position, we are of the opinion that keeping the Revision Petition filed by the opposite party pending will further delay the matter.   Hence, irrespective of the reasons assigned by the Revision Petitioner / Opposite party, in the interests of justice, we are inclined to allow this Revision Petition by setting aside the impugned order so that, the Revision Petitioner will have a chance of contesting the case on merits.

 

 

4. In the result, the Revision Petition is allowed and the impugned order, dated 06.06.2022 passed in C.C. No.143/2022 by the DCDRC, Chennai (South) in setting the Revision Petitioner / Opposite party exparte is set aside, and the Opposite Party shall file his Vakalath, Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.143/2022 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.SUBBIAH, J.

                                                                                   PRESIDENT.

 

 

 

KIR/TNSCDRC/Chennai/Orders/November/2023.