Tamil Nadu

StateCommission

RP/41/2022

The Manager - Complainant(s)

Versus

G Kavitha - Opp.Party(s)

A.Damodaran

10 Nov 2022

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.41 of 2022

 

(Against the Order, dated 31.05.2022, passed in C.C. No.35/2021 on the file of the DCDRC, Chennai (South))

                                                    

                                                     Orders, dated:10.11.2022

The Manager,

SBI Credit Card Division,

No.141, Rajiv Gandhi Salai,

10^th Floor, TU 4 Agni 2 Park,

OMR, Kandanchavadi,

Chennai – 600 096.                                .. Revision Petitioner/ Opposite party.

                                             Vs

G. Kavitha,

No.72/2, North Gangai Amman Kovil Street,

2^nd Street,

Vadapalani,

Chennai – 600 026.                                             .. Respondent/Complainant.

 

For Revision Petitioner/ Opposite party : M/s. A. Damodaran Law Firm

For Respondent / Complainant         : M/s. V. Balaji

 

     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 31.05.2022, passed by the DCDRC, Chennai (South), in         C.C. No.35/2021 whereby, the District Commission has set the Revision Petitioner herein/Opposite Party exparte for non-filing of written version within the period of 45 days and consequently, adjourned the Case to 20.06.2022 for filing proof affidavit by the complainant.

                2. Heard the submissions of the counsel appearing for both parties.

                The revision petition has been filed by the opposite party as against the order dt.31.05.2022 passed by the DCDRC, Chennai (South) setting the revision petitioner/opposite party herein exparte in C.C. No.35/2021.  But the complaint has not reached any finality till date.  The Counsel for the respondent / complainant has made strict objections in allowing this petition.  However, we are of the opinion in the interest of justice this Revision Petition could be allowed so that the Revision Petitioner/opposite party will have the chance of contesting the case on merits.  Furthermore, we are also of the opinion that keeping the Revision Petition filed by the opposite party pending will further delayed the matter.   Further, the reason stated by the Revision Petitioner/ opposite party in the petition that the non-filing of written version within the stipulated time was neither willful nor wanton which was also evident from his petition.  Since the reasons assigned by the 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.

               3. In the result, the Revision Petition is allowed and the impugned order, dated 31.05.2022, passed in C.C. No.35/2021 by the DCDRC, Chennai (South), in setting the Revision Petitioner/opposite party exparte is set aside, and the opposite party shall file their Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.35/2021 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/November/2022.