Tamil Nadu

StateCommission

A/354/2023

Mrs.Sandhya Jayachandran - Complainant(s)

Versus

M/s. Indcon Structuarls Pvt. Ltd., ERep. by its Executive Director & Anr. - Opp.Party(s)

M/s J.Dharmarajan

26 Jun 2023

ORDER

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI – 600 003.

 

BEFORE :                  Hon’ble Justice R. SUBBIAH                                        PRESIDENT

 Thiru R VENKATESAPERUMAL                                   MEMBER                        

                      

F.A. No.354/2023

 

(Against Order in RBT/ C.C. No.76/2022 on the file of the DCDRC, Ariyalur)

 

DATED THIS THE 26^TH DAY OF JUNE 2023

 

Mrs. Sandhya Jayachandran,

No.422, 2^nd South Main Road,

Kapaleeswarar Nagar,

Neelankarai,

Chennai – 600 115.                                                                    … Appellant / Complainant.                                                            

Vs.

1. M/s. Indcon Structurals Pvt. Ltd.,

Represented by its Executive Director,

No.161, Greams Road,

Chennai – 600 006. 

 

2. The Manager,

M/s. Indcon Structurals Pvt. Ltd.,

No.161, Greams Road,

Chennai – 600 006.                                          … Respondents / Opposite parties 1 & 2.

 

Counsel for Appellant / Complainant                       : M/s. J. Dharmarajan

Counsel for Respondents / Opposite parties 1 & 2 : M/s. Ashok Kumar

 

This appeal coming before us 26.06.2023 and on hearing the arguments of both sides and on perusing the material records, this Commission made the following:-

 

ORDER

HON’BLE THIRU.  JUSTICE R. SUBBIAH, PRESIDENT.  ( Open Court).

  

1.       This appeal has been preferred by the appellant/complainant against the order of the District Commission, Ariyalur made in RBT/ C.C. No.76/2022 dated: 14.10.2022 dismissing the complaint for non- filing of proof affidavit of the complainant in spite of sufficient time was granted to him.

2.           The appellant herein has filed the complaint as against the opposite parties alleging deficiency of service for the following reliefs:

            (i) To direct the opposite parties to take back the defective product supplied to the complainant and to refund the total sum of Rs.83,939/- along with interest at the rate of 18% p.a. from the date of payment till the date of realization and to pay the transportation charges;

            (ii) To pay a sum of Rs.3,00,000/- towards compensation for mental agony,  deficiency in service and unfair trade practice;

            (vi) to pay the costs of the proceedings to the complainant.

 

3.         In the said complaint, proof affidavit of the complainant has not been filed to prove the allegations made in the complaint  in spite of sufficient time was granted to him.   Hence, the complaint was dismissed.  Now, the complainant has filed the present appeal stating that the Counsel who has handled the case at Chennai has not carried out the follow up works due to work pressure and also the pandemic covid 19 blocked the entire transaction nearly for 3 years.    The  appellants’ Counsel while contacted the opposite party’s Counsel, he was not given proper status.   In the mean time, on 14.10.2022, the complaint was dismissed for default for non-filing of proof affidavit.   

 

4.         Though the conduct of the appellant exhibits the lethargic attitude, in the interest of justice, we are inclined to allow this appeal. Hence, the order in RBT/C.C. No.76/2022 of the District Commission, Ariyalur dated 14.10.2022 is set aside and the matter is remitted back to the District Commission, Ariyalur with a direction to restore the complaint on the file.   The District Commission, Ariyalur is further directed to issue notice to the parties by fixing a fresh date of hearing and on their appearance to proceed with the case inaccordance with law. 

 

            In the result, the appeal is allowed by setting aside the order of the District Consumer Commission, Ariyalur in RBT / C.C. No.76/2022 dt.14.10.2022, and the DCDRC, Ariyalur is directed to restore the compliant on the file for fresh disposal.

The District Consumer Commission, Ariyalur is directed to issue fresh notice to the parties by fixing a fresh date of hearing and on their appearance to proceed with the case in accordance with law on merits.  

 

 

 

 

R  VENKATESAPERUMAL                                                                          R. SUBBIAH

                         MEMBER                                                                              PRESIDENT

 

KIR/TNSCDRC, Chennai/Orders/ June 2023.