Tamil Nadu

StateCommission

RP/29/2023

The Branch Manager, Lead Bank (Canara Bank) - Complainant(s)

Versus

G.S.Paul Pandian, & 6 Others Others - Opp.Party(s)

M/s K.P.Kiran Rao

23 Mar 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.29 of 2023

 

(Against the Order dated 13.02.2023 passed in C.C. No.02/2023 on the file of the DCDRC, Tiruppur)

 

                                                     Orders, dated:23.03.2023

The Manager,

Lead Bank (Canara Bank),

District Collector Complex,

Palladam Road,

Tiruppur – 641 604.        … Revision Petitioner / 1^st Opposite party.

- Versus –

1. G.S. Pal Pandian,

For on behalf of his Minor Daughter

Ms. P. Lokitha Sri,

No.3/434, A Housing Unit,

Manur Post,

Tiruppur.   

 

2. P. Anitha,

W/o. Mr. G.S. Palpandian,

No.3/434, A Housing Unit,

Manur Post,

Tiruppur.   

 

3. G. Subbiah,

S/o. Mr. Janakkan,

No.3/434, A Housing Unit,

Manur Post,

Tiruppur.                   … Respondents 1 to 3/Complainants 1 to 3.

4. The Manager,

S.B.I. Bank,

Veerapandi,

Palladam Road,

Tiruppur.

 

5. The Manager,

State Bank of India,

Uthukuli Road,

Tiruppur.

 

6. The District Collector,

Office of the District Collector,

Palladam Road,

Tiruppur 4.

 

7. The Chief Executive Officer,

District Primary Education Office,

District Collectorate Complex,

Tiruppur.           … Respondents 4 to 7/ Opposite parties 2 to 5.

 

For Revision Petitioner / 1^st Opposite party : M/s. K.P. Kiran Rao

For 5^th Respondent /3^rd Opposite party       : M/s. N. Kishore 

                                                                     Kumar

Respondents 1 to 3, 4, 6 & 7                       : Served called  

                                                                     absent

 

     This Revision Petition is listed today and, after hearing the arguments of the counsel for the Revision Petitioner and 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 13.02.2023, passed by the DCDRC, Tiruppur in C.C. No.02/2023, whereby, the District Commission has set the Revision Petitioner / 1^st Opposite party exparte for non-filing of written version and consequently, adjourned the Case to 27.02.2023 for filing proof affidavit of the complainant.

2.     Heard the Revision Petitioner / 1^st Opposite party and 5^th Respondent /3^rd Opposite party.   Though notice has been served on the Respondents 1 to 3, 4, 6 & 7, there was no representation.   Hence, the Respondents 1 to 3, 4, 6 & 7 were served called absent.

3.     This Revision Petitioner / 1^st Opposite party was set exparte for non-filing of written version.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner / 1^st Opposite party submitted that he has noted the hearing date wrongly and so he was not able to file his written version on 13.02.2023 and he was set exparte on the said date.   Thus, the Revision Petitioner / 1^st Opposite party prays for setting aside the exparte order dated:13.02.2023.   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 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 13.02.2023, passed in C.C. No.02/2023 by the DCDRC, Tiruppur in setting the Revision Petitioner / 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.02/2023 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/March/2023.