Tamil Nadu

StateCommission

A/809/2023

MANOHARAN - Complainant(s)

Versus

KWALITY SHOP - Opp.Party(s)

A PALANIAPPAN

27 Oct 2023

ORDER

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI – 600 003.

 

BEFORE :                  Hon’ble Justice R. SUBBIAH                                        PRESIDENT

                      

F.A. No.809/2023

 

(Against Order dt.08.06.2023 in  C.C. No.105/2020 on the file of the

DCDRC, Chennai (South))

 

DATED THIS THE 27^TH DAY OF OCTOBER 2023

 

Manoharan,

No.4/4, E.C.R. Neelakarai,

Chennai – 600 115.                                                                    … Appellant / Complainant.                                                            

                                                                       

-Versus-

 

1. Kwality Shop,

Represented by its Manager,

No.163/164, SMS Building,

L.B. Road,

Thiruvanmiyur,

Chennai – 600 041.

 

2. Smart Care,

Represented by its Manager,

SONY Authorised Service Centre,

No.25, Adyar Bridge Road,

Opp. to Fortis (Malar) Hospitals,

Adyar,

Chennai – 600 020.                                          … Respondents / Opposite parties 1 & 2.

 

Counsel for Appellant / Complainant                        : M/s. A. Palaniappan

 

Counsel for Respondents / Opposite parties 1 & 2  : M/s. S. Thiruvenkadam         

                                                                                   (Undertaken)

 

 

This appeal coming before this Commission on 27.10.2023 and on hearing the arguments of the appellant and on perusing the material records, this Commission made the following:-

ORDER

HON’BLE THIRU.  JUSTICE R. SUBBIAH, PRESIDENT.  ( Open Court).

  

1.       This appeal has been preferred by the appellant/complainant against the order of the District Commission, Chennai (South) made in C.C. No.105/2020, dated 08.06.2023, whereby, the District Commission, Chennai (South) has dismissed the complaint for non-filing of proof affidavit.

 

2.           The appellant herein has filed the complaint as against the opposite parties alleging deficiency of service for the following reliefs:

            (i) To rectify the defects of the complainant’s Home Theater or

to refund a sum of Rs.25,500/- with interest at the rate of 12% p.a from 13.10.2017 to till the date of realization;

            (ii) To pay a sum of Rs.2,00,000/- towards compensation for mental agony, damages and deficiency in service on the part of the opposite parties;

 (iii) To pay a sum of Rs.10,000/- towards litigation expenses.

 

3.         When the case had come up for hearing on 11.10.2023, it is submitted by the Counsel for complainant that the complaint filed by the complainant in C.C. No.105/2020 was dismissed on 08.06.2023 by the District Consumer Commission, Chennai (South) stating that the complainant has not come forward to mark the documents on his side.  In this regard, the Counsel for complainant further submitted that the complainant has filed his proof affidavit and documents and diligently prosecuting the case before the District Commission.  Hence, by setting aside the order of dismissal dated: 08.06.2023 an opportunity may be given to the complainant to prosecute the case on merits.  Considering the said submissions of the appellant / complainant, in order to provide an opportunity to the appellant / complainant to prosecute the case, the appeal was allowed on 11.10.2023 imposing a condition that the appellant shall pay a sum of Rs.1,000/- to be payable to the Legal Aid Account, SCDRC drawn in favour of the Registrar, SCDRC, Chennai on or before 26.10.2023.  

 

4.         Today, when the matter again appeared in the list, it is reported by the Counsel for appellant that the conditional order has been complied with.  Hence, the order of the District Commission, Chennai (South) in C.C. No.105/2020 dt. 08.06.2023 is set aside and the matter is remitted back to the District Commission, Chennai (South) with a direction to restore the complaint on their file.   The District Commission, Chennai (South) is further directed to issue fresh notice to the parties by fixing a fresh date of hearing and on their appearance to proceed with the case in accordance with law. 

 

            In the result, the appeal is allowed by setting aside the order of the District Commission, Chennai (South) in C.C. No.105/2020 dt.08.06.2023 and the DCDRC, Chennai (South) is directed to restore the complaint on the file for fresh disposal.

 

The District Commission, Chennai (South) is directed to issue fresh notice to the parties by fixing a fresh date of hearing and on their appearance to proceed with the case in accordance with law on merits.  

 

 

 

 

                                                                                                           R. SUBBIAH

                                                                                                                         PRESIDENT

 

KIR/TNSCDRC, Chennai/Orders/ October 2023.