Tamil Nadu

StateCommission

RP/38/2022

Kotak Mahindra Prime Ltd - Complainant(s)

Versus

M. Mahaboob Vaisul Rahiman - Opp.Party(s)

M.Arunachalam

10 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.38 of 2022

(Against the Order, dated 03.06.2022, passed in C.C. No.03/2021 on the file of the DCDRC, Coimbatore)

                                                    

                                                     Orders, dated:10.10.2022

M/s. Kotak Mahindra Prime Limited,

Represented by its Branch Manager,

U R House, First Floor,

No.1056 C, Avianshi Road,

Coimbatore – 641 018.    … Revision Petitioner / 1^st Opposite party.

                                                 

- Versus –

1. Mr. Mohammad Vaisul Rahiman,

No.246/22, Mullai Nagar Extension,

Suramangalam,

Salem – 636 005.

 

2. Mrs. Azeemunisa Rahiman,

No.246/22, Mullai Nagar Extension,

Suramangalam,

Salem – 636 005.                … Respondents 1 & 2 /Complainants.  

 

3. M/s. S.S. Automobile Private Limited,

Represented by its Showroom Manager,

                                        … 3^rd Respondent / 2^nd Opposite party.                  

 

For Rev. Petitioner/ 1^st Opposite party  : M/s. M. Arunachalam

For 1^st Respondent / Complainant        : M/s. K. Gowtham    

                                                               Kumar

 

     This Revision Petition is listed today and, after hearing the arguments of the counsel for both parties 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 03.06.2022, passed by the DCDRC, Coimbatore, in C.C. No.03/2021, whereby, the District Commission has set the Revision Petitioner herein/1^st Opposite Party exparte and consequently, adjourned the Case to 24.06.2022 for filing proof affidavit by the complainant.

             2. Heard the submissions of the counsel appearing for the Revision Petitioner/ 1^st opposite party and 1^st respondent / complainant.

              The revision petition has been filed by the 1^st opposite party as against the order dt.03.06.2022 passed by the DCDRC, Coimbatore setting the revision petitioner/1^st opposite party herein exparte in C.C. No.03/2021.  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 1^st opposite party pending will further delay the matter and further the non-filing of written version by the 1^st opposite party within the stipulated time 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 03.06.2022, passed in C.C. No.03/2021 by the DCDRC, Coimbatore, in setting the Revision Petitioner/1^st Opposite Party exparte is set aside, and the 1^st Opposite Party shall file their Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.03/2021 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/October/2022.