Tamil Nadu

StateCommission

RP/25/2023

M/s Shriram General Insurance Co. Ltd., & Anr. - Complainant(s)

Versus

Mrs P.Santhanalakshmi, W/o S.Palanivel - Opp.Party(s)

M/s Elveera Ravindran

17 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.25 of 2023

 

(Against the Order dated 03.02.2023 passed in C.C. No.143/2022 on the file of the DCDRC, Dharmapuri @ Krishnagiri)

 

                                                     Orders, dated:17.03.2023

1. M/s. Shiram General Insurance Co. Ltd.,

E-8, EPIP RIICO,

Sitapura,

Jaipur – 302 022,

Rajasthan.   

 

2. M/s. Shriram General Insurance Co. Ltd.,

No.3/5, 3^rd Floor,

S.V. Arcade,

Bilekahalli Main Road,

Off. Bannerughatta Road, IIM-B Post,

Bangalore – 560 076.

Karnataka.                    … Revision Petitioners / Opposite parties.

 

- Versus –

Mrs. P. Santhanalakshmi,

W/o. S. Palanivel,

No.3/622 A, 4^th Cross,

Bharathi Nagar,

Arasanatty,

Mookandapalli,

Karur, Hosur Taluk,

Krishnagiri District -636 705.         … Respondent /Complainant. 

 

For Revision Petitioners /Opposite parties : M/s. Elveera Ravindran

 

Respondent /Complainant                        : Served called absent        

 

     This Revision Petition is listed today and, after hearing the arguments of the counsel for the Revision Petitioners 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 03.02.2023 passed by the DCDRC, Dharmapuri @ Krishangiri in C.C. No.143/2022, whereby, the District Commission has set the Revision Petitioners herein/ Opposite parties 1 & 2 exparte for non-filing of written version within the statutory period of 45 days and consequently, adjourned the Case to 08.02.2023 for filing proof affidavit of the complainant.

2.     Heard the Revision Petitioners / Opposite parties.  Though notice has been served on the respondent / complainant, there is no representation.  Hence, the respondent / complainant was called absent.

3.     This Revision Petitioners / Opposite parties were set exparte for non-filing of written version.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioners / Opposite parties stated that in order to ascertain the genuineness of the claim, they had to appoint an investigator to collect and verify the police and hospital records.   Further, there was a delay in collecting the records and they were unable to instruct their counsel to prepare a suitable written version.  Hence, when the matter was called on 03.02.2023, the revision petitioners duly represented the case and sought time for filing the written version but he was set exparte as the mandatory period of 45 days expired.  Thus, he prays for setting aside the exparte order dated:03.02.2023.   When that being the position, we are of the opinion that keeping the Revision Petition filed by the opposite parties pending will further delay the matter.   Since the reasons assigned by the opposite parties seem to be bonafide and also, in the interests 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 03.02.2023 passed in C.C. No.143/2022 by the DCDRC, Dharmapuri @ Krishnagiri in setting the Revision Petitioners / Opposite parties exparte is set aside, and the Opposite Parties shall file his Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.143/2022 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/March/2023.