Tamil Nadu

StateCommission

RP/37/2023

The Assistant Executive Engineer, TNEB - Complainant(s)

Versus

Mr.Muralidoss, S/o Swami Doss - Opp.Party(s)

M/s V.S.Eswaran

05 Apr 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.37 of 2023

 

(Against the Order dated 27.02.2023 passed in C.C. No.188/2022 on the file of the DCDRC, Tiruvallur)

 

                                                     Orders, dated:06.04.2023

 

The Assistant Executive Engineer (TNEB),

Thiruvallur South,

TANGEDCO,

Thiruvallur District – 602 001.       

                                           … Revision Petitioner / Opposite party.

 

- Versus –

Murali Doss,

S/o. Mr. Swami Doss,

No.2/96, Pandur Village,

Thiruvallur District – 631 203.          … Respondent /Complainant. 

 

For Revision Petitioner / Opposite party  : M/s. V.S. Eswaran

 

Respondent /Complainant                      : Party in person

 

This Revision Petition is listed today and, after hearing the arguments of the counsel for the both parties 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 27.02.2023 passed by the DCDRC, Thiruvallur in C.C. No.188/2022, whereby, the District Commission has set the Revision Petitioner herein/ Opposite party exparte for non-filing of written version inspite of expiry of the statutory period of 45 days and consequently, adjourned the Case to 09.03.2023 for filing proof affidavit of the complainant.

 

2.     Heard the Revision Petitioner / Opposite party and Respondent /Complainant in person.

 

3.     This Revision Petitioner / Opposite party was set exparte for non-filing of written version inspite of expiry of the statutory period of 45 days.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner / Opposite party stated that the concerned official who is representing the case unfortunately went on medical leave and again took charge only on 10.02.2023.  That apart, due to the administration works, Revision Petitioner / Opposite party was  not in a position to retrieve the documents and hence on 27.02.2023, the Revision Petitioner / Opposite

party sought some more time for filing written version before the District Commission and also filed a Memo.  Unfortunately, the said memo was rejected and the opposite party was set exparte on 27.02.2023.   Thus, he prays for setting aside the exparte order dated:27.02.2023.   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.   Since the reasons assigned by the 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.

 

4.     In the result, the Revision Petition is allowed and the impugned order, dated 27.02.2023 passed in C.C. No.188/2022 by the DCDRC, Thiruvallur 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.188/2022 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.