Tamil Nadu

StateCommission

RP/29/2024

THE GENERAL MANAGER, UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD. - Complainant(s)

Versus

M. SUNDARAM - Opp.Party(s)

SURANA & SURANA-REV.PTNR

08 May 2024

ORDER

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI - 3.

 

Present: Hon’ble Thiru Justice R. SUBBIAH  ... PRESIDENT

    

Revision Petition No.29 of 2024

 

[(Against the Order dated 30.05.2023 passed in C.C. No.21/2023 on the file of the DCDRC, Namakkal]

 

                                                               Orders dated:08.05.2024

 

The General Manager,

Universal Sompo General

Insurance Company Limited,

Unit 401, 4^th Floor, Sangam Complex,

No.127, Andheri-Kurla Road,

Andheri (West),

Mumbai – 400 059.                                 … Revision Petitioner /  

2^nd Opposite party

- Versus –

1. M. Sundaram,

No.6/274, Nesavalar Colony,

Manuvakaatupalayam,

Vadugapalayam,

Thiruchengodu,

Namakkal.                                                   … 1^st Respondent/

Complainant

2. The Manager,

Sree Saradambal Automobiles Pvt. Ltd.,

Erode.                                                       .. 2^nd Respondent /

1^st Opposite party

 

Counsel for Revision Petitioner / 

2^nd Opposite party                                 : M/s. Surana & Surana

 

Counsel for 1^st Respondent /Complainant: Served called absent

 

2^nd Respondent / 1^st Opposite party        : Served called absent

 

       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 30.05.2023 passed by the DCDRC, Namakkal in C.C. No.21 of 2023, whereby, the Revision Petitioner/2^nd Opposite party was set exparte by the District Commission for non-filing of written version within the statutory a period of 45 days and consequently, adjourned the case for filing proof affidavit of the complainant, by 26.06.2023.

 

        2.     Heard the counsel for the Revision Petitioner / 2^nd Opposite party.  Though notices were served on the respondents 1 & 2, they have not chosen to appear before this Commission.  Hence, the respondents 1 & 2 were served called absent.

 

                3.     When the matter was taken up for hearing before this Commission, the learned counsel for the Revision Petitioner/ 2^nd  Opposite Party submitted that the notice sent from the Court has not been received by them.   However later on, the copy of complaint was received by the Branch office of the 2^nd opposite party and the same had been forwarded to the Head Office at Mumbai.   The Head Office decided to engage an Advocate to conduct the case.   Thereafter in the mean time, the 2^nd opposite party was set exparte before the District Commission.  The learned counsel for the revision petitioner submitted that  non-filing of the written version was neither willful nor wanton.  Thus, he prayed this Commission for setting aside the ex-parte order dated 30.05.2023 and permit him to file written version. 

 

 

                4. Irrespective of the reason assigned by the 2^nd opposite party for non-filing of written version, I am of the opinion, in the interest of justice, the Revision Petition could be allowed by setting aside the impugned order of the District Commission, so that the Revision Petitioner will have a chance of contesting the case on merits.

         

 

                5.  In the result, the Revision Petition is allowed and the impugned order dated 30.05.2023 passed in C.C. No.21 of 2023 by the DCDRC, Namakkal is set aside.  The Revision Petitioner/ 2^nd Opposite Party is directed to appear before the DCDRC, Namakkal and file his Vakalat, Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.21 of 2023 on the next date of hearing without fail, whereupon, the District Commission is directed to proceed with the case in accordance with law, for its early disposal.

 

                                                    

                

                                                                              R.SUBBIAH

                                                                               PRESIDENT

 

 

 KIR/TNSCDRC/Chennai/Orders/May/2024.