Tamil Nadu

StateCommission

RP/26/2023

The Managing Director and Chief Executive Officer, Canara Bank - Complainant(s)

Versus

Muraleetharan Boopathi & 3 others - Opp.Party(s)

M/s S.Chandrasekar

02 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.26 of 2023

 

(Against the Order dated 02.09.2022 passed in C.C. No.160/2022 on the file of the DCDRC, Erode)

 

                                                     Orders, dated:02.03.2023

The Managing Director & Chief Executive Officer,

Canara Bank,

Head Office,

No.112, J.C. Road,

Bangalore – 500 002.      … Revision Petitioner / 3^rd Opposite party.

- Versus –

 

1. Muraleetharan Boopathi,

No.1073, Gandhi Nagar,

Kalingarayanpalayam,

Bhavani – 638 301.                       … 1^st Respondent /Complainant. 

 

2. The Chief Manager,

Canara Bank,

Bhavani Branch – 1237,

Rajalakshmi Complex,

Bhavani,

Erode District – 638 307.

 

3. The Senior Manager,

Canara Bank,

Retail Assets Hub,

Erode,

No.47-A, CD Building Park Road,

Erode District – 638 307.

4. The Senior Manager,

Canara Bank,

Head Office,

Government Portal Section,

Priority Credit Wing,

Dr. Ambedkar Interest Subsidy Scheme,

No.112, J.C. Road,

Bangalore,

Karnataka – 560 002.     

                     ... Respondents 2 to 4 / Opposite parties 1, 2 & 4.

 

For Revision Petitioner / 3^rd Opposite party : M/s. S. Chandrasekar

1^st Respondent /Complainant                     : Party in person

 

     This Revision Petition is listed today and, after hearing the arguments of the counsel for the Revision Petitioner and 1^st Respondent 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 02.09.2022, passed by the DCDRC, Erode in C.C. No.160/2022, whereby, the District Commission has set the Revision Petitioner herein/ 3^rd Opposite Party exparte for non-appearance and non-filing of written version inspite of sufficient time is given to him and consequently, adjourned the Case to 13.09.2022 for filing proof affidavit of the complainant.

 

2.     Heard the Revision Petitioner / 3^rd Opposite party and the 1^st respondent / complainant in person. 

 

3.     This Revision Petitioner / 3^rd Opposite party was set exparte for non-appearance and for non-filing of written version inspite of sufficient time is given to him.   But the complaint has not reached any finality till date.  When that being the position, we are of the opinion that keeping the Revision Petition filed by the 3^rd opposite party pending will further delay the matter and further the non-filing of the written version within the stipulated time by the 3^rd opposite party before the District Commission was neither willful nor wanton which was also evident from his petition.  Since the reasons assigned by the 3^rd 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.

 

4. In the result, the Revision Petition is allowed and the impugned order, dated 02.09.2022, passed in C.C. No.160/2022 by the DCDRC, Erode in setting the Revision Petitioner/3^rd Opposite party exparte is set aside and the 3^rd opposite party shall file his Vakalat, Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.160/2022 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.

                                                                                                                                                                                                                                                                                                                                                                                             PRESIDENT.

 

 

KIR/TNSCDRC/Chennai/Orders/ March /2023.