Tamil Nadu

StateCommission

RP/59/2023

Ultra Tech Cement Ltd., & Anr. - Complainant(s)

Versus

Dr. R. Nagendran (on behalf of Mrs. Kalaiselvi) - Opp.Party(s)

M/s S.Ramasubramania & Associates

26 May 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.59 of 2023

 

(Against the Order dated 16.03.2023 passed in C.C. No.12/2023 on the file of the DCDRC, Coimbatore – 18.)

 

                                                     Orders, dated:26.05.2023

 

1. Ultra Tech Cement Ltd.,

Ready-Mix Concrete Unit,

No.506/a-1, Kurumbapalayam,

Muthugoundanpudur,

Sulur Railway Feeder Road,

Coimbatore – 641 406.

 

2. Ultra Tech Cement Ltd.,

B-Wing, 2^nd Floor,

Ahura Centre,

Mahakali Caves Road,

Andheri (East),

Mumbai – 400 093,

India.                      … Revision Petitioners / Opposite parties 1 & 2.

 

 

- Versus –

Dr. R. Nagendran,

(On behalf of wife Mrs. Kalaiselvi),

C 308, Nithya Enclave,

Mettupalayam Road,

Kavundampalayam,

Coimbatore – 641 030.                      … Respondent /Complainant. 

 

For Revision Petitioners /

Opposite parties 1 & 2        : M/s. S. Ramasubramaniam & Asso.

Respondent /Complainant : PP effected - called absent

 

   This Revision Petition is listed today and, after hearing the arguments of the counsel for the Revision Petitioners 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 16.03.2023 passed by the DCDRC, Coimbatore in C.C. No.12/2023, whereby, the District Commission has set the Revision Petitioners herein/ Opposite parties 1 & 2 exparte for non-filing of written version evenafter the lapse of 45 days and consequently, adjourned the case to 17.04.2023 for filing proof affidavit of the complainant.

 

2.     Heard the Revision Petitioners / Opposite parties 1 & 2.  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 Petitioners / Opposite parties 1 & 2 were 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 Petitioners / Opposite parties 1 & 2 stated that the relevant case papers and documents were misplaced while carrying out the renovation work in the previous Counsel’s office and the same has been traced out and handedover to the Counsel of Revision Petitioners / Opposite parties 1 & 2 only a day prior to the hearing.   Hence, the Counsel for the Revision Petitioners / Opposite parties 1 & 2 was not in a position to prepare the version immediately.  In the meantime, on 16.03.2023, the Revision Petitioners / Opposite parties 1 & 2 was set exparte.   Thus, they pray for setting aside the exparte order dated:16.03.2023.   When that being the position, we are of the opinion that keeping the Revision Petitions filed by the opposite parties 1 & 2 pending will further delay the matter.   Irrespective of the reason assigned by the opposite parties 1 & 2 for non-filing of written version, 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 Petitioners / Opposite parties 1 & 2 will have a chance to contest the case on merits.

4. In the result, the Revision Petition is allowed and the impugned order, dated 16.03.2023 passed in C.C. No.12/2023 by the DCDRC, Coimbatore in setting the Revision Petitioners / Opposite parties 1 & 2 exparte is set aside, and the Opposite Parties 1 & 2 shall file their Versions, Proof Affidavits and the documents/exhibits on their side, if any, in C.C. No.12/2023 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/May/2023.