Tamil Nadu

StateCommission

RP/54/2023

C.Kamala kannan - Complainant(s)

Versus

Eureka Forbes Limited, - Opp.Party(s)

M/s K.S.Saravanan

18 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.54 of 2023

 

(Against the Order dated 06.06.2022 passed in C.C. No.91/2022 on the file of the DCDRC, Chennai (South))

 

                                                     Orders, dated:18.05.2023

 

The Director,

Principal Place of Business at

Eureka Forbes Limited,

G.N. Chetty Road,

No.88, Block No.C D 5,

Level IV, Ammol Palani,

T. Nagar,

Chennai – 600 017.              … Revision Petitioner / Opposite party.

 

- Versus –

C. Kamala Kannan,

No.1, Baskar Street,

Nehru Nagar,

Saligramam,

Chennai – 600 093.                          … Respondent /Complainant. 

 

For Rev. Petitioner / Opposite party  : M/s. K. S. Saravanan

 

For Respondent /Complainant          : M/s. P.R. Kumar       

 

     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.91/2022, whereby, the District Commission has set the Revision Petitioner herein/ Opposite party exparte for non-appearance inspite of 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.  M/s. P.R. Kumar, Advocate after filing of Vakalath for the respondent / complainant, there is no representation for the subsequent hearings.  Hence, notice was ordered for the respondent / complainant.   Though notice has been served on the respondent / complainant, there is no representation.

 

3.     This Revision Petitioner / Opposite party was set exparte for non-appearance before the District Consumer Commission, Chennai (South) inspite of receipt of notice.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner / Opposite party had stated that he had failed to note that the cause of action for the complaint had happened during the pandemic period, wherein due to travel restrictions neither the Revision Petitioner / Opposite party nor his Counsel was able to appear before the District Consumer Commission, Chennai (South).  In such a situation on 06.06.2022, the opposite party was set exparte.  The non-appearance of the Revision Petitioner / Opposite party before the District Commission is neither wilful nor wanton.  Thus, 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.   Irrespective of the reasons 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 / Opposite party will have a chance to contest 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.91/2022 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.91/2022 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/May/2023.