Tamil Nadu

StateCommission

RP/62/2022

The Branch Manager, - Complainant(s)

Versus

Kuppu - Opp.Party(s)

G.Abraham prabhu

20 Dec 2022

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.62 of 2022

(Against the Order dated 11.07.2022, passed in C.C. No.62/2022 on the file of the DCDRC, Erode)

                                                    

                                                     Orders, dated:20.12.2022

 

1. The Branch Manager,

MAGMA HDI General Insurance Co. Ltd.,

Navins Presidium,

3^rd Floor, N.M. Road,

New No.17/9, Old No.103,

B Block, 3 A, Nelson Manickam Road,

Chennai – 600 029.

 

2. The Claim Manager,

MAGMA HDI General Insurance Co. Ltd.,

Development House,

No.24, Park Street,

Kolkata – 700 016.  … Revision Petitioners / Opposite parties 2 & 3.

                                                 

- Versus –

 

1. Kuppu,

W/o. Late Kandhan,

No.203, Chekkumettu Street,

Karnatham,

Viruthachalam Taluk,

Now residing at:

No.58, Pudhu Colony,

Ambethkar Nagar,

Elathur,

Nambiyur Taluk.                     … 1^st Respondent /Complainant.  

 

2. Arun,

S/o. Mr. Murugan,

No.125, East Street,

Nehru Nagar,

Ariyappampalayam,

Sathyamangalam Taluk,

Erode District.                 … 2^nd Respondent / 1^st Opposite party.

 

For Rev. Petitioner/ Opposite party  : M/s. G. Abraham Prabhu

For 1^st Respondent / Complainant   : M/s. R. Poovalingam

 

     This Revision Petition is listed today and, after hearing the arguments of the counsel for the Revision Petitioners and 1^st 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 11.07.2022, passed by the DCDRC, Erode in C.C. No.62/2022, whereby, the District Commission has set the Revision Petitioners herein/ Opposite Parties 2 & 3 exparte and consequently, adjourned the Case to 18.07.2022 for filing written version of the 1^st opposite party.

             2. Heard the submissions of the counsel appearing for the Revision Petitioners and 1^st Respondent.

              The revision petition has been filed by the opposite parties 2 & 3 as against the order dt.11.07.2022 passed by the DCDRC, Erode setting the revision petitioners/opposite parties 2 & 3 herein exparte in C.C. No.62/2022.  But the complaint has not reached any finality till date.   When that being the position, we are of the opinion that keeping the Revision Petition filed by the  opposite parties 2 & 3 pending will further delay the matter and further, the non-appearance by the opposite parties 2 & 3 before the District Commission was neither willful nor wanton which was also evident from his petition.  Since the reasons assigned by the opposite parties 2 & 3 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 11.07.2022, passed in C.C. No.62/2022 by the DCDRC, Erode in setting the Revision Petitioners/Opposite Parties 2 & 3 exparte is set aside, and the Opposite Parties 2 & 3 shall file their Vakalath, Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.62/2022 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.