Tamil Nadu

StateCommission

RP/5/2023

Mananging director, PEE YES YEM Hyundai - Complainant(s)

Versus

Dr. Anju Kuriakose and 3 others - Opp.Party(s)

M/s. Kapaleeswaran

23 Jan 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.05/2023

 

(Against the Order dated 19.05.2022, passed in C.C. No.19/2022 on the file of the DCDRC, Kancheepuram @ Chengalpattu)

 

                                                     Orders, dated:23.01.2023

PEE YES YEM Hyundai,

Represented by its Managing Director,

Shed No.A-12, III Phase,

Thiru-Vi-Ka Industrial Estate,

Guindy,

Chennai – 600 032.         … Revision Petitioner / 1^st Opposite party.

 

- Versus –

1. Dr. Anju Kuriakose,

No.10/144, 4^th Street,

Agatheeswara,

Pozhichalur,

Chennai – 600 074.                       … 1^st Respondent /Complainant. 

 

2. Hyundai Motor India Ltd.,

Represented by its Managing Director,

2^nd & 6^th Floor, Corporate One

(Baani Building),

Plot No.5, Commercial Centre,

Jasola,

New Delhi – 110 025.

 

3. R. Vasudevan,

Regional Customer in Charge,

South 1 Region, Hyundai Motor India Ltd.,

NP_54, Thiru-Vi-Ka Industrial Estate,

Ekkaduthangal,

Guindy,

Chennai – 600 032.

 

4. Mr. Arul,

Service Manager,

PEE YES YEM Hyundai,

Shed No.A-12, III Phase,

Thiru-Vi-Ka Industrial Estate,

Guindy,

Chennai – 600 032.        

 

5. Mr. Pradeep,

Customer Relations Manager,

PEE YES YEM Hyundai,

Shed No.A-12, III Phase,

Thiru-Vi-Ka Industrial Estate,

Guindy,

Chennai – 600 032.  ... Respondents 2 to 5/ Opposite parties 2 to 5.

 

For Rev. Petitioner / 1^st Opposite party        : M/s. Kapaleeswaran

For 1^st Respondent /Complainant               : M/s. Esakki Durai

 

     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 19.05.2022, passed by the DCDRC, Kancheepuram @ Chengalpattu in C.C. No.19/2022, whereby, the District Commission has set the Revision Petitioner herein/ 1^st  Opposite Party exparte for non-filing of written version within the statutory period of 45 days and consequently, adjourned the Case to 12.07.2022 for filing proof affidavit of the complainant.

2.     The Respondent / Complainant has filed a Memo in which, it has been stated as ‘No objection to allow this petition’. 

3.     Heard the Revision Petitioner / 1^st Opposite party. 

4.     This Revision Petitioner herein/ 1^st Opposite Party was set exparte for non-filing of written version within the statutory period of 45 days.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner herein/ 1^st Opposite Party submitted that though the Written Version was made ready by the Counsel appearing for the 1^st opposite party, he was not able to obtain signature from the party and hence, the Revision Petitioner herein/ 1^st Opposite Party was not able to file their version on that day and further, the non-filing of the version by the 1^st Opposite Party before the District Commission was neither willful nor wanton.  Thus, he prays for setting aside the exparte order dated:19.05.2022.  When that being the position, we are of the opinion that keeping the Revision Petition filed by the 1^st opposite party pending will further delay the matter.  Since the reasons assigned by the 1^st Opposite Party seems to be bonafide and also in the interest of justice, we are inclined to allow this Revision Petition by setting aside the impugned order.

5.     In the result, the Revision Petition is allowed and the impugned order, dated 19.05.2022, passed in C.C. No.19/2022 by the DCDRC, Kancheepuram @ Chengalpattu in setting the Revision Petitioner/1^st Opposite party exparte is set aside, and the 1^st Opposite party shall file his Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.19/2022 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/January/2023.