Tamil Nadu

StateCommission

RP/104/2022

manager - Complainant(s)

Versus

Kuppam chettiar palaniappan - Opp.Party(s)

M.Jayaraj

31 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.104 of 2022

 

(Against the Order dated 09.06.2022 passed in C.C. No.150/2022 on the file of the DCDRC, Chennai (South))

 

                                                     Orders, dated:31.01.2023

 

Go Digit General Insurance Limited,

Represented by its Manager,

No.528, Old No.559, Anna Salai,

Above Skoda Showroom,

Teynampet,

Chennai  600 018.

 

Also having their Corporate office at:

Atlantis,

No.95, 4^th B Cross Road,

Koramangala Industrial Layout, 5^th Block,

Bengaluru,

Karnataka   560 095.        … Revision Petitioner / Opposite party.

 

- Versus –

Mr. Kuppan Chettiar Palaniappan,

S/o. Mr. Kuppanchettiar,

No.166, Venkatasamy Road, West,

R.S. Puram,

Coimbatore South,

Coimbatore – 641 002.

 

 

Also having office at:

RS No.53/9 & 56/2, Ground Floor,

Rathna Pharma Distributors,

Aravindh Hospital Anxr.,

Abishegapakam,

Pondicherry   605 007.                   … Respondent /Complainant. 

 

For Revision Petitioner / Opposite party : M/s. M. Jayaraj

For Respondent /Complainant               : M/s. S.V. Pravin   

                                                                Rathinam

 

     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 09.06.2022, passed by the DCDRC, Chennai (South) in C.C. No.150/2022, whereby, the District Commission has set the Revision Petitioner / Opposite party exparte for his non-appearance even after receipt of court notice and consequently, adjourned the Case to 01.07.2022 for filing proof affidavit of the complainant.

2.     Heard the both parties. 

3.     This Revision Petitioner / Opposite party was set exparte for his non-appearance before the District Commission even after receipt of court notice.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner / Opposite party submitted that he did not have proper knowledge regarding the case and its date of hearing as to why and when he was set exparte before the District Commission on 09.06.2022.  Thus, the Revision Petitioner / Opposite party prays for setting aside the exparte order dated:09.06.2022.   When that being the position, we are of the opinion that keeping the Revision Petition filed by the opposite party pending will further delay the matter.  Since the reasons assigned by the 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 09.06.2022, passed in C.C. No.150/2022 by the DCDRC, Chennai (South) in setting the Revision Petitioner / Opposite party exparte is set aside, and the Opposite party shall file their Vakalath, Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.150/2022 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.