Tamil Nadu

StateCommission

RP/31/2023

Authorised Manager, Edelweiss Asset Reconstruction Co. Ltd., Mr.Harishkumar - Complainant(s)

Versus

C.Augustin Jebaraj, S/o Chitirai Swamiadian & Anr. - Opp.Party(s)

M/s V.Balasubramani

20 Apr 2023

ORDER

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

 

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

             Thiru.R VENKATESAPERUMAL        … MEMBER

 

Revision Petition No.31 of 2023

 

(Against the Order dated 06.06.2022 passed in C.C. No.201/2021 on the file of the DCDRC, Chennai (South))

 

                                                     Orders, dated:20.04.2023

Edelweiss Asset,

Reconstruction Company Limited,

Represented by its Authorised Manager,

Mr. Haresh Kumar,

Edelweiss Hoose,

Office at:

GST Road, Kalina,

Santacruz (E),

Mumbai – 400 092.        … Revision Petitioner / 2^nd Opposite party.

 

- Versus –

1. C. Augustin Jebaraj,

S/o. Chitirai Swamiadian,

No.4/21, Swornambigai Nagar,

Virugambakkam,

Opposite A.K.R. Mahal,

Chennai – 600 006.                    … 1^st Respondent /Complainant.

 

2. HDB Financial Services Limited,

Represented by its Authorized Manager,

No.68/2, Loyal Towers,

4^th Floor, Greams Road,

Chennai – 600 006.           … 2^nd Respondent / 1^st Opposite party.

 

For Rev. Petitioner / 2^nd Opposite party : M/s. V. Balasubramani

For 1^st Respondent /Complainant          : M/s. A. Muruganantham

For 2^nd Respondent / 1^st Opposite party : M/s. Deepa Nandhini

 

     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 06.06.2022, passed by the DCDRC, Chennai (South) in C.C. No.201/2021, whereby, the District Commission has set the Revision Petitioner / 2^nd Opposite party exparte for non-filing of written version for more than 45 days and consequently, adjourned the Case to 28.06.2022 for filing proof affidavit of the complainant and 1^st opposite party.

2.     Heard the both parties.

3.     This Revision Petitioner / 2^nd Opposite party was set exparte for non-filing of written version for more than 45 days.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner / 2^nd Opposite party submitted that due to the non-availability of certain documents which are necessary to substantiate their case and the same were to be received from Mumbai and so he was not able to file his written version on 06.06.2022 and he was set exparte on the said date.  The non-filing of written version before the District Commission is neither willful nor wanton.  Thus, the Revision Petitioner / 2^nd Opposite party prays 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 2^nd Opposite party pending will further delay the matter.  Since, the reasons assigned by the 2^nd 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.

4. In the result, the Revision Petition is allowed and the impugned order, dated 06.06.2022, passed in C.C. No.201/2021 by the DCDRC, Chennai (South) in setting the Revision Petitioner / 2^nd Opposite party exparte is set aside, and the 2^nd Opposite party shall file his Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.201/2021 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.

 

 

KIR/TNSCDRC/Chennai/Orders/April/2023.