Tamil Nadu

StateCommission

RP/76/2023

Authorised Signatory - Complainant(s)

Versus

D.Jayabalachandran - Opp.Party(s)

S.Parthasarathy

03 Aug 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.76 of 2023

 

(Against the Order dated 20.03.2019 passed in RBT/ C.C. No.48/2022 on the file of the DCDRC, Perambalur)

 

                                                     Orders, dated:03.08.2023

 

M/s. IDBI Bank Ltd.,

Represented by its Authorized Signatory,

Regional Office, TN-1,

Greams Road,

Chennai – 600 006.        … Revision Petitioner / Opposite party.

 

- Versus –

D. Jayabalachandran,

Finance (Officer),

S/o. Mr. C. Dharuman,

AIBI, Ground Floor,

Arunachala Concepts,

Thanigai Salai,

Arulmurugan Nagar,

Kilkattalai,

Chennai – 600 117.                     … Respondent /Complainant. 

 

For Revision Petitioner / Opposite party  : M/s. S. Parthasarathy

For Respondent / Complainant               : Served called absent

                                                                   

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 20.03.2019 passed by the DCDRC, Perambalur in C.C. No.48/2022, whereby, the District Commission has set the Revision Petitioner herein/ Opposite party exparte for non-appearance and consequently, adjourned the case to 03.05.2019 for filing proof affidavit of the complainant.

 

2.     Heard the Revision Petitioner / Opposite party.  Though notice has been served on the respondent / complainant by way of paper publication, he has not chosen to appear before this Commission. Hence, the respondent / complainant was served called absent.

 

3.     The Revision Petitioner / Opposite party was set exparte for non-appearance before the District Commission.  Hence, the present Revision Petition.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner / Opposite party stated that since the renovation was carried out in the office of the Counsel for the Revision Petitioner / Opposite party, the paper were mingled with other files and the same was not able to trace out immediately.  As soon as the renovation work was completed, the papers were traced out and informed to the Revision Petitioner whose Head Office is located at Mumbai to seek instructions to file Vakalat and written version.   In the mean time, covid-19 lockdown was announced by the Government and the Revision Petitioner was not able to provide the information in time.    Hence, the non-appearance of the Revision Petitioner before the District Commission was neither wilful nor wanton.  Therefore, he prays for setting aside the exparte order dated:20.03.2019.   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.   Irrespective of the reason assigned by the opposite party for non-appearance, we are of the opinion that in the interest of justice, this Revision Petition could be allowed by setting aside the exparte order passed by the District Commission so that, the Revision Petitioner will have a chance to contest the case on merits.

4. In the result, the Revision Petition is allowed and the impugned order, dated 20.03.2019 passed in RBT/ C.C. No.48/2022 by the DCDRC, Perambalur 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 RBT/ C.C. No.48/2022 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.

 

 

 

 

KIR/TNSCDRC/Chennai/Orders/July/2023.