Tamil Nadu

StateCommission

RP/62/2023

Authorised Signatory, M/s Jio Payments Bank - Complainant(s)

Versus

Mrs. Veena Sehgal, W/o Mr.Brij Mohan Seghal & 2 Others - Opp.Party(s)

M/s Ralph V.Manohar

17 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.62 of 2023

 

(Against the Order dated 13.06.2022 passed in C.C. No.72/2022 on the file of the DCDRC, Chennai (South))

 

                                                     Orders, dated:17.05.2023

M/s. JIO payments Bank,

Represented by its Authorized Signatory,

Chairperson,

MAKER Chamber IV, 3^rd Floor,

Nariman Point,

Mumbai,

Maharashtra – 400 002.  … Revision Petitioner / 2^nd Opposite party.

- Versus –

1. Mrs. Veena Sehgal,

W/o. Mr. Brij Mohan Seghal,

No.58 /T-2, Sneha Apartments,

1^st Street, Kamaraj Avenue,

Adyar,

Chennai – 600 020.                    … 1^st Respondent /Complainant.

 

2. HSBC Bank,

Represented by its Authorized Representative,

Mrs. Rajalakshmi,

Nos.5 & 7, Cathedral Road,

Chennai – 600 086.

 

3. ICICI Lombard General Insurance Company Limited,

Represented by its Authorised Signatory,

2^nd & 3^rd Floors, Chotabhai Centre,

No.140, Nungambakkam High Road,

Chennai – 600 034. … Respondents 2 & 3 / Opposite parties 1 & 3.

 

For Rev. Petitioner / 2^nd Opposite party  : M/s. Ralph V. Manohar

For 1^st Respondent /Complainant          : M/s. Surana & Surana

For 2^nd Respondent / 1^st Opposite party : M/s. R & P Partners For 3^rd Respondent / 3^rd Opposite party       : M/s. S.S. Sajeev Kesan

 

     This Revision Petition is listed today and, after hearing the arguments of the counsel for 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 13.06.2022, passed by the DCDRC, Chennai (South) in C.C. No.72/2022, whereby, the District Commission has set the Revision Petitioner / 2^nd Opposite party exparte for non-filing of written version within the stipulated period of 45 days and consequently, adjourned the Case to 05.07.2022 for filing proof affidavit of the complainant.

2.     Heard the both parties.

3.     This Revision Petitioner / 2^nd Opposite party was set exparte for non-filing of written version within the stipulated period of 45 days.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner / 2^nd Opposite party submitted that he is not a necessary party to the proceedings and he was unable to find the details for the transaction that the complainant had complained about due to which, the Revision Petitioner was not able to provide instructions to his Counsel. Hence, unfortunately, the Revision Petitioner / 2^nd Opposite party was set exparte on 13.06.2022.   The non-filing of written version by the Revision Petitioner / 2^nd Opposite party before the District Commission is neither willful nor wanton.  Thus, the Revision Petitioner / 2^nd Opposite party prays for setting aside the exparte order dated:13.06.2022.  

 

4.     When that being the position, we are of the opinion that keeping the Revision Petition filed by the 2^nd Opposite party pending will further delay the matter.  Since, the reasons assigned by the 2^nd 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.

 

5.     In the result, the Revision Petition is allowed and the impugned order, dated 13.06.2022 passed in C.C. No.72/2022 by the DCDRC, Chennai (South) in setting the Revision Petitioner / 2^nd Opposite party exparte is set aside, and the 2^nd Opposite party shall file his Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.72/2022 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/May/2023.