Tamil Nadu

StateCommission

A/216/2023

R.Nirupen Chakrqvarthy, S/o R. Ramamurthy, Rep. by the Power Agent R.Ramamurthy - Complainant(s)

Versus

Mahindra Residential Developers Ltd., Rep. by the Manager, - Opp.Party(s)

M/s D.Vasanth

28 Apr 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI – 3.

 

BEFORE :                  Hon’ble Justice R. SUBBIAH                                        PRESIDENT

 Thiru R VENKATESAPERUMAL                                   MEMBER                        

                      

F.A. No.216/2023

 

(Against the Order in C.C. No.12/2021 dt.09.02.2023 on the file of the

DCDRC, Kanchipuram @ Chengalpattu)

 

DATED THIS THE 28^TH DAY OF APRIL 2023

 

R. Nirupen Chakravarthy,

S/o. Mr. R. Ramamoorthy,

Represented by his Power Agent,

R. Ramamoorthy,

No.9/3, Alamelupuram,

Mambalapattu Road,

Villupuram – 605 602.                                                          … Appellant / Complainant.                                                            

- Versus –

 

Mahindra Residential Developers Limited,

Represented by its Manager,

Mahindra World City & Sub Post Office,

Chengalpet Taluk,

Chengalpet District.                                                    … Respondent / Opposite party.

 

Counsel for Appellant / Complainant                :  M/s. D. Vasanth

Counsel for Respondent /  Opposite party       :  M/s. Aishwarya S. Nathan

 

This appeal coming before us 28.04.2023 and on hearing the arguments of both parties 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, Kanchipuram  District @ Chengalpattu made in C.C. No.12/2021 dated 09.02.2023, dismissing the complaint filed by the appellant / complainant for non- filing of proof affidavit of the complainant inspite of sufficient opportunities given to him.

 

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

            (i) To pay a sum of Rs.15,00,000/- to the complainant for gross deficiency in service in the construction and delay in the apartment unit No. C2 701, Unit type duplex in 7^th Floor, Block C2 at Mahindra World City, Chengalpet Taluk, Hanumanthai Village;

           (ii) To deliver the apartment Unit No.C2 701, Uit Type duplex in 7^th floor, Block C2 at Mahindra World City, Chengalpet Taluk, Hanumanthai Village to the complainant forthwith;

(v) To deliver all the original documents to the complainant in respect of Unit No.C2 701, Unit Type duplex in 4^th Floor, Block C2 at Mahindra World City, Chengalpet Taluk, Hanumanthai Village.

 

 

3.         In the said complaint, proof affidavit of the complainant has not been filed for a long time to prove the allegations made in the complaint inspite of sufficient opportunities that were given to him.    Finally, when the matter came up on 09.02.2023, the complaint was dismissed for non-filing of proof affidavit by the complainant.    Against which, the present appeal has been filed.

 

4.         Though the conduct of the appellant exhibits the lethargic attitude, when the case had come up for hearing today i.e. on 28.04.2023, in order to provide an opportunity to the appellant / complainant to prosecute the case on merits, this appeal was allowed on a condition that the appellant shall pay a sum of Rs.3,000/- to be payable to the Legal Aid Account, SCDRC drawn in favour of the Registrar, S.C.D.R.C., Chennai.  

 

5.         The Counsel for appellant has also complied with regard to the condition today itself by paying a sum of Rs.3,000/- to the Legal Aid Account in favour of the Registrar, SCDRC, Chennai.   Hence, the order of the District Commission, Kanchipuram @ Chengalpattu in C.C. No.12/2021 dt.09.02.2023 is set aside and the matter is remitted back to the District Commission, Kanchipuram @ Chengalpattu with a direction to restore the complaint on their file.   The District Commission, Kanchipuram @ Chengalpattu is further directed to issue fresh notice to the parties by fixing a fresh date of hearing and on their appearance proceed with the case in accordance with law. 

            In the result, the appeal is allowed by setting aside the order of the District Commission, Kanchipuram @ Chengalpattu in C.C. No.12/2021 dt.09.02.2023 and the District Commission, Kanchipuram @ Chengalpattu is directed to restore the compliant on the file for fresh disposal.

The District Commission, Kanchipuram @ Chengalpattu 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  VENKATESAPERUMAL                                                                     R. SUBBIAH

                         MEMBER                                                                              PRESIDENT

 

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