Tamil Nadu

StateCommission

RP/10/2023

Authorised Signatory, Tamil Mercantile Bank ltd Tuticorin - Complainant(s)

Versus

Mrs Mahalakshimi, W/o Mr. Prakash & Anr. - Opp.Party(s)

M/s R Poornima

01 Mar 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.10 of 2023

 

(Against the Order dated 29.06.2022 passed in C.C. No.145/2020 on the file of the DCDRC, Coimbatore)

 

                                                     Orders, dated:01.03.2023

 

Tamil Nadu Mercantile Bank Ltd.,

Represented by its Authorised Signatory,

57- V.E. Road,

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

 

- Versus –

Mrs. Mahalakshmi,

W/o. Mr. Prakash,

D. No.3/278-10, Udaiyagounden Garden,

Muthugoundenpudur,

Coimbatore District.                       … 1^st Respondent/Complainant. 

 

2. M/s. Nadar Mahajana Bank Share Investor Forum,

Represented by Authorised Signatory,

Malaimurasu Building,

No.712, Anna Salai,

Thousand Lights,

Chennai – 600 006.              … 2^nd Respondent /2^nd Opposite party.

 

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

1^st Respondent/Complainant                    : Served called absent

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

 

     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 29.06.2022, passed by the DCDRC, Coimbatore in C.C. No.145/2020 whereby, the District Commission has set the Revision Petitioner / 1^st Opposite party exparte for non-appearance and for non-filing of written version and consequently, adjourned the Case to 27.07.2022 for filing proof affidavit of the complainant.

2.     There was no representation for the 2^nd respondent. Though the notice was served on the 1^st respondent, he has not chosen to appear before this Commission.  Hence, the 1^st respondent was called absent. 

3.     Heard the Revision Petitioner / 1^st Opposite party.  This Revision Petitioner / 1^st Opposite party was set exparte for non-appearance and non-filing of written version.   When the matter had come up before this Commission, the Learned Counsel for Revision Petitioner / 1^st Opposite party submits that due to heavy traffic jam, the Counsel was unable to be present in the Court on time.   Hence, the 1^st Opposite party was set exparte on 29.06.2022.  Thus, he prays for setting aside the exparte order dated:29.06.2022.   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 and further, the non-appearance and for non-filing of written version before the District Commission was neither willful nor wanton which was also evident from their petition.  Since the reasons assigned by the 1^st opposite party seems to be bonafide and also, in the interests 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 29.06.2022, passed in C.C. No.145/2020 by the DCDRC, Coimbatore in setting the Revision Petitioner / 1^st Opposite party exparte is set aside, and the 1^st Opposite party shall file his Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.145/2020 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/March/2023.