Tamil Nadu

StateCommission

RP/48/2022

The manager - Complainant(s)

Versus

Gokulnath - Opp.Party(s)

Arul gnanaprakath

20 Oct 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.48 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:20.10.2022

The Manager,

Global Systems,

No.31 A, 1^st Floor,

Advaitha Ashram Road,

Saraswathi Street, Near New Bus Stand,

Salem – 636 004.          ... Revision Petitioner / 3^rd Opposite Party.

vs.

 

1. Mr. Gokulnath,

S/o. Mr. Palanivel,

No.5/133, Sangari Main Road,

Perumal Kovil Street,

Chinna Seerakapadi (PO),

Salem – 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 Head Office Manager,

Asus Gaming Laptop,

No.17/18, Shah Industrial Estate,

4^th Floor, 401, Supreme Chambers,

Veera Desai Road,

Andheri (West),

Maharasthra,

Mumbai – 400 053.

3. The Manager,

Flip Kart Internet Private Limited,

Buildings Alyssa,

Begonia & Clove Embassy Tech Village,

Outer Ring Road, Devarabeesanahalli Village,

Bengaluru,

Karnataka – 560 103.  

                        … Respondents 2 & 3 / Opposite parties 1 & 2.

                                     

For Rev. Petitioner / 3^rd Opposite Party: M/s. Arul Gnanaprakash

 

     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 herein/ 3^rd Opposite Party exparte and consequently, adjourned the case to 05.07.2022 for filing proof affidavit of complainant.

             2. Heard the submissions of the counsel appearing for the revision petitioner/ 3^rd Opposite Party.

              The revision petition has been filed by the 3^rd Opposite Party as against the order dt.15.06.2022 passed by the DCDRC, Salem setting the revision petitioner/ 3^rd Opposite Party herein exparte in C.C. No.27/2022 for non-filing of written version within the prescribed time limit.  But the complaint has not reached any finality till date and hence, we feel that issuance of notice to the other side can be dispensed with.  Moreover, when the Consumer Protection Act stipulates a period of 90 days for resolution of the complaints filed before the Consumer Commissions, keeping the Revision Petition filed by the 3^rd opposite party pending will further delay the matter and further, their non-filing of written version by the 3^rd opposite party within the specified time limit before the District Commission was neither willful nor wanton.  Since the reasons assigned by the 3^rd 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/3^rd Opposite party exparte is set aside and the 3^rd Opposite party shall file their 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.