Tamil Nadu

StateCommission

RP/47/2023

The Branch Manager, VST Motors Pvt. Ltd., - Complainant(s)

Versus

M.Ramkumar, S/o Madhupaiyan & 2 Others - Opp.Party(s)

M/s R.Sahana

02 May 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.47 of 2023

 

(Against the Order dated 05.12.2022 passed in C.C. No.172/2022 on the file of the DCDRC, Salem)

 

                                                     Orders, dated:02.05.2023

 

The Branch Manager,

VST Motors Private Limited,

S. No.137/3-A, Kaligoundapalayam,

Magudanchavadi,

Sankari Taluk,

Salem – 637 103.             … Revision Petitioner / 1st Opposite party.

 

- Versus –

1. M. Ramkumar,

S/o. Mr. Madhupaiyan,

No.4190, Mottaiyan Street,

Moongileri Chettipatty,

Omalur Taluk,

Salem – 636 455.                         … 1st Respondent /Complainant. 

 

2. The Senior General Manager,

TATA Motors,

1st Floor, Near Telco Colony,

Hans Stochr Road, TELCO,

Jharkhand – 831 004.

 

3. The Branch Manager,

TATA Motors Finance Limited,

No.6, 3rd Floor, Raj Bhavan Building,

Near Perumal Kovil,

Fairlands,

Salem – 636 016. .. Respondents  2 & 3 / Opposite parties 2 & 3.

 

For Revision Petitioner / 1st Opposite party     : M/s. R. Sahana

 

1st Respondent / Complainant                        : Notice served

2nd & 3rd Respondents /

2nd & 3rd Opposite parties                               : Notice served

                                                                       

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 05.12.2022 passed by the DCDRC, Salem in C.C. No.172/2022, whereby, the District Commission has set the Revision Petitioner herein/ 1st Opposite party exparte for non-compliance of conditional order and non-filing of written version in time as per the Consumer Protection Act, 2019 and consequently, adjourned the case to 14.12.2022 for filing proof affidavit of the opposite party.

2.     Initially, M/s. Shivakumar & Suresh undertakes to file Vakalath for the 2nd Respondent / 2nd Opposite party, but subsequently failed to file Vakalath as undertaken by them.  Though notice was served on the 1st Respondent / Complainant and 3rd Respondent /3rd Opposite party in this Revision Petition, there is no representation for them.

3.     Heard the Revision Petitioner / 1st Opposite party and perused the materials available on record. 

4.     The Revision Petitioner / 1st Opposite party was set exparte for non-compliance of conditional order and non-filing of written version in time.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner /1st Opposite party stated that the concerned person who was handling the legal cases of the Revision Petitioner had  inadvertently misplaced the court notice and as a result, the Revision Petitioner was unable to appear before the District Commission continuously for the hearings.   Finally, on 05.12.2022, the Revision Petitioner / 1st Opposite party was set exparte.   Thus, he prays for setting aside the exparte order dated:05.12.2022 in order to give a chance to the 1st opposite party to contest the case on merits.  When that being the position, we are of the opinion that keeping the Revision Petition filed by the 1st opposite party pending will further delay the matter.   Irrespective of the reason assigned by the 1st opposite party for non-appearance, we are of the opinion that in the interest of justice, this Revision Petition could be allowed by setting aside the exparte order passed by the District Commission so that, the appellant will have a chance to contest the case on merits.

5.     In the result, the Revision Petition is allowed and the impugned order, dated 05.12.2022 passed in C.C. No.172/2022 by the DCDRC, Salem in setting the Revision Petitioner / 1st Opposite party exparte is set aside, and the 1st Opposite Party shall file his Vakalath, Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.172/2022 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.

 

 

 

 

KIR/TNSCDRC/Chennai/Orders/April/2023.

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