Tamil Nadu

StateCommission

RP/58/2023

The Chairman, L&T Finance Ltd., - Complainant(s)

Versus

Mr. N.Suresh - Opp.Party(s)

M/s M.Arunachalam

25 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.58 of 2023

 

(Against the Order dated 03.10.2019 passed in C.C. No.183/2019 on the file of the DCDRC, Chennai (South))

 

                                                     Orders, dated:25.05.2023

 

The Chairman,

L & T Financial Service,

Egmore,

Chennai – 600 008.             … Revision Petitioner / Opposite party.

 

- Versus –

N. Suresh,

No.181, Second Block,

JJ Nagar West,

Chennai – 600 037.                          … Respondent /Complainant. 

 

For Revision Petitioner / Opposite party  : M/s. M. Arunachalam

 

Respondent / Complainant                     : 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 03.10.2019 passed by the DCDRC, Chennai (South) in C.C. No.183/2019, whereby, the District Commission has set the Revision Petitioner herein/ Opposite party exparte for non-filing of written version for a long time and consequently, adjourned the case to 11.11.2019  for filing proof affidavit of the complainant.

 

2.     Initially, M/s. Jayapriya, Advocate undertakes to file Vakalath for the Respondent / complainant, but subsequently failed to file Vakalath as undertaken by them.

 

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

 

4.     The Revision Petitioner / Opposite party was set exparte for non-filing of written version for a long time.   When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner / Opposite party stated that the case bundle got mixed up with other papers.   Thereafter, due to Covid lock down, the proceedings were held through Video conferencing.   In that situation, the Revision Petitioner / Opposite party was set exparte on 03.10.2019.   Thereafter, the Revision Petitioner / Opposite party filed CMP No.32/2022 & CMP No.33/2022 to condone the delay of filing written version and to set aside the exparte order dt.03.10.2019.  The said petitions were dismissed on 19.12.2022.    Thus, he prays for setting aside the exparte order dated:03.10.2019 in order to give a chance to the 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 opposite party pending will further delay the matter.   Irrespective of the reason assigned by the opposite party for non-filing of written version, 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 Revision Petitioner / Opposite party will have a chance to contest the case on merits.

5.     In the result, the Revision Petition is allowed and the impugned order, dated 03.10.2019 passed in C.C. No.183/2019 by the DCDRC, Chennai (South) in setting the Revision Petitioner / Opposite party exparte is set aside, and the Opposite Party shall file his Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.183/2019 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/May/2023.