Tamil Nadu

StateCommission

RP/99/2022

The head officing manager - Complainant(s)

Versus

Gokulnath & 2 ors - Opp.Party(s)

Arul gnanaprakash

09 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.99 of 2022

 

(Against the Order dated 15.06.2022, passed in C.C. No.27/2022 on the file of the DCDRC, Salem)

 

                                                     Orders, dated:09.01.2023

 

The Head Office Manager,

Asus Gaming Laptop,

No.17/18, Shah Industrial Estate,

No.401, 4^th Floor, Supreme Chambers,

Veera Desai Road,

Andheri (West),

Mumbai – 400 058.        … Revision Petitioner / 1^st Opposite party.

 

- Versus –

1. Gokulnath,

S/o. Mr. Palanivel,

No.5/133, Sangari Main Road,

Perumal Kovil street,

Chinna Seerakapadi Post,

Salem,

Tamil Nadu – 636 308.  

 

Represented by his Power of Attorney Agent,

Mr. Sabarinathan,

S/o. Mr. Vaithiyalingam,

No.1/5 A, Vedichipalayam, Ration Shop,

Chennagiri,

Salem – 637 501.                         … 1^st Respondent /Complainant. 

 

2. The Manager,

Head Office,

Flip Kart Internet Private Limited,

Buildings Alyssa,

Begonia & Clove Embassy Tech Village,

Outer Ring Road,

Devarabeesanahalli Village,

Bengaluru – 560 103.

 

3. The Manager,

Head Office,

Global Systems,

No.31 A, 1^st Floor,

Advaitha Ashram Road,

Saraswathi Street,

Near New Bus Stand,

Salem,

Tamil Nadu – 636 004. 

                          … Respondents 2 & 3 / Opposite parties 2 & 3.

 

For Revision Petitioner / 1^st Opposite party  : M/s. Arul Gnana 

                                                                            Prakash

 

For 1^st Respondent / complainant                : M/s. Sabarinathan,

                                                                      Power of Attorney

 

Respondents 2 & 3/ Opposite parties 2 & 3 : Notice dispensed with

 

     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 15.06.2022, passed by the DCDRC, Salem in C.C. No.27/2022, whereby, the District Commission has set the Revision Petitioner / 1^st Opposite party exparte for non-filing of written version within the statutory period of 45 days before the District Commission and consequently, adjourned the Case to 05.07.2022 for filing proof affidavit of 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 Opposite party as against the order dt.15.06.2022 passed by the DCDRC, Salem setting the Revision Petitioner herein / 1^st opposite party exparte in C.C. No.27/2022.  But the complaint has not reached any finality till date.  Though private notice was served on the 1^st respondent/ complainant, he has not chosen to appear before this Commission.  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 and further, the non-filing of written version as per the statutory period of 45 days by the 1^st Opposite party before the District Commission was neither willful nor wanton which was also evident from his petition.  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.

     3. In the result, the Revision Petition is allowed and the impugned order, dated 15.06.2022, passed in C.C. No.27/2022 by the DCDRC, Salem in setting the revision petitioner/ 1^st 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.27/2022 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.