Tamil Nadu

StateCommission

RP/95/2022

Anu ranjith & anr - Complainant(s)

Versus

G.Raja & anr - Opp.Party(s)

Abishek murthy

05 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.95 of 2022

 

(Against the Order dated 16.06.2022, passed in C.C. No.12/2022 on the file of the DCDRC, Chennai (South))

 

                                                     Orders, dated:05.01.2023

1. Mrs. Anu Ranjith,

Proprietrix,

M/s. Urban Homes,

No.7, May Flower Apartments,

Kumananchavadi High Road,

Poonamallee,

Chennai – 600 056.

 

2. Mr. L. Ranjith Kumar,

HDFC Bank Ltd.,

Poonamallee Branch,

No.808, Poonamallee High Road,

Tamil Nadu – 600 010.

                               … Revision Petitioners / Opposite parties 1 & 2.

- Versus –

1. G. Raja,

S/o. Mr. George William,

No.1, Anbazhagan Street,

Gandhi Nagar,

Avadi,

Chennai – 600 054.                       … 1^st Respondent /Complainant. 

 

2. The Nodal Officer of HDFC Bank,

HDFC Bank Ltd., (Ombudsman Wing),

No.96, Prince Kushal Tower,

Annai Salai,

Chennai – 600 002.              ... 2^nd Respondent / 3^rd Opposite party.

 

For Revision Petitioners /

Opposite parties 1 & 2                             : M/s. Abhishek Murthy

For 1^st Respondent /Complainant            : M/s. S. Premrajkumar

For 2^nd Respondent / 3^rd Opposite party  : M/s. Acuity Law  

                                                                 Associates

 

     This Revision Petition is listed today and, after hearing the arguments of the counsel for the Revision Petitioners and 1^st Respondent 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 16.06.2022, passed by the DCDRC, Chennai (South) in C.C. No.12/2022, whereby, the District Commission has set the Revision Petitioners herein/ Opposite Parties 1 & 2 exparte for non-filing of written version within the statutory period of 45 days and consequently, adjourned the Case to 08.07.2022 for filing proof affidavit of the complainant.

2.     Heard the Revision Petitioners / Opposite parties 1 & 2 and the 1^st respondent / complainant.  There was no representation for the 2^nd respondent / 3^rd opposite party.

 

3.     This 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 submitted that when the case was posted on 16.06.2022 for filing the written version of the opposite parties 1 & 2 before the District Commission, both of them had symptoms of Covid-19 and the Revision Petitioners / Opposite parties 1 & 2 were advised to take home quarantine for 2 weeks.  In these circumstances, the Revision Petitioners / Opposite parties 1 & 2 were not able to contact the Counsel to give instructions to file their written versions.  Thus, he prays for setting aside the exparte order dated:16.06.2022.   When that being the position, we are of the opinion that keeping the Revision Petition filed by the opposite parties 1 & 2 pending will further delay the matter.  Since the reasons assigned by the opposite parties 1 & 2 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.

4. In the result, the Revision Petition is allowed and the impugned order, dated 16.06.2022, passed in C.C. No.12/2022 by the DCDRC, Chennai (South) 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.12/2022 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.