Tamil Nadu

StateCommission

RP/15/2022

Neelavathi SBS Bus Service - Complainant(s)

Versus

G.S.Paul Pandian - Opp.Party(s)

A.Sumathy

05 Sep 2022

ORDER

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present: Hon’ble Thiru Justice R.SUBBIAH  ... PRESIDENT

             Thiru.R VENKATESAPERUMAL … MEMBER

 

Revision Petition No.15 of 2022

(Against the Order, dated 13.03.2020, passed in C.C. No.09/2020, on the file of the DCDRC, Tiruppur)

                                                    

                                                     Orders, dated:05.09.2022

 

Neelavathi,

W/o. Mr. Sathishkumar,

SBS Bus Service,

No.2/595, HRHK Nagar,

Mangalam Road,

Tirupur – 641 687.         … Revision Petitioner / 1^st Opposite party.

                                                            - Versus -

G.S. Paulpandian,

S/o. Mr. Subbiah,

No.3/434, Housing Unit,

Mannur Post,

Tirupur – 641 687.      … Revision Respondent /Complainant.                      

 

For Rev. Petitioner/ 1^st Opposite party : M/s. A. Sumathy

 

     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 13.03.2022, passed by the DCDRC, Tiruppur, in C.C. No.09/2020, whereby, the District Commission has set the Revision Petitioner herein/1^st Opposite Party exparte and consequently, adjourned the Case to 19.03.2022 for filing proof affidavit by the complainant.

             2. Heard the submissions of the counsel appearing for the revision petitioner/1^st Opposite Party.

              The revision petition has been filed by the 1^st OP as against the order dt.13.03.2020 passed by the DCDRC, Tiruppur setting the revision petitioner/1^st opposite party herein exparte in C.C. No.09/2020 along with the other two opposite parties.  But the complaint has not reached any finalty till date.  When that being the position, we are of the opinion that keeping the Revision Petition filed by the 1^st OP pending will further delay the matter and further the non-appearance of the 1^st opposite party before the District Commission was neither wilful nor wanton which was also evident from their petition.  Since the reasons assigned by the 1^st OP 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 13.03.2020, passed in C.C. No.09/2022 by the DCDRC, Tiruppur, in setting the Revision Petitioner/1^st OP exparte is set aside, and the          1^st OP shall file their Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.09/2020 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.