Tamil Nadu

StateCommission

RP/101/2022

The chairman - Complainant(s)

Versus

M.Balaji & 2 ors - Opp.Party(s)

S.K.Mariappan

12 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.101 of 2022

 

(Against the Order dated 02.05.2022, passed in C.C. No.67/2021 on the file of the DCDRC, Kancheepuram @ Chengalpattu)

 

                                                     Orders, dated:12.01.2023

The Chairman & Managing Director,

IDFC First Bank Limited,

Naman Chamber,

C-32, G Block, Bandra-Kurla Complex,

Bandra East,

Mumbai – 400 051,

India.                              … Revision Petitioner / 1^st Opposite party.

- Versus –

1. M. Balaji,

S/o. Mr. Murugan,

No.9, Dobikana Street,

Anakaputhur,

Chennai – 600 070.                       … 1^st Respondent /Complainant. 

 

2. The Chairman,

City Union Bank Limited,

Narayana, No.24 B, Gandhi Nagar,

Kumbakonam – 612 001,

Tamil Nadu,

India.

 

3. The Chairman of Paytm,

B-121, Sector 5, Noida – 201 301,

Uttar Pradesh,

India.                  ... Respondents 2 & 3 / Opposite parties 2 & 3.

For Revision Petitioner / 1^st Opposite party   : M/s. S.K. Mariappan

For 2^nd Respondent / 2^nd Opposite party       : M/s. Akshai Mani

 

     This Revision Petition is listed today and, after hearing the arguments of the counsel for the Revision Petitioner and 2^nd 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 02.05.2022, passed by the DCDRC, Kancheepuram @ Chengalpattu in C.C. No.67/2021, whereby, the District Commission has set the Revision Petitioner herein/ 1^st  Opposite Party exparte for non-filing of written version within the statutory period of 45 days and consequently, adjourned the Case to 04.07.2022 for filing proof affidavit of the complainant.

2.     Today, Mr. Akshai Mani, Advocate has filed Vakalath for the 2^nd Respondent/ 2^nd Opposite party.   The notice was served on the respondent Nos.1 & 3 but they have not chosen to appear before this Commission. 

3.     Heard the Revision Petitioner / 1^st Opposite party and the 2^nd Respondent / 2^nd opposite party. 

4.     This Revision Petitioner herein/ 1^st Opposite Party was set exparte for non-filing of written version within the statutory period of 45 days.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner herein/ 1^st Opposite Party submitted that the Revision Petitioner has misplaced some of the documents in the bank and the same was not traceable and hence, they were not able to file their version on that day and further, the non-filing of the version by the 1^st Opposite Party before the District Commission was neither willful nor wanton.  Thus, he prays for setting aside the exparte order dated:02.05.2022.  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.  Since the reasons assigned by the 1^st Opposite Party seems to be bonafide and also in the interest of justice, we are inclined to allow this Revision Petition by setting aside the impugned order.

5.     In the result, the Revision Petition is allowed and the impugned order, dated 02.05.2022, passed in C.C. No.67/2021 by the DCDRC, Kancheepuram @ Chengalpattu in setting the Revision Petitioner/1^st Opposite party exparte is set aside, and the 1^st Opposite party shall file their Version, Proof Affidavits and the documents/exhibits on their side, if any, in C.C. No.67/2021 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/January/2023.