Tamil Nadu

StateCommission

RP/115/2023

BRANCH MANAGER - Complainant(s)

Versus

MURUGAN - Opp.Party(s)

M.NAGARETHINAM, S.JAGADHATHIRI AND T.KARTHIKEYAN

30 Oct 2023

ORDER

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI - 3.

 

Present: Hon’ble Thiru Justice R.SUBBIAH  ... PRESIDENT

    

Revision Petition No.115 of 2023

 

(Against the Order dated 22.08.2023 passed in C.C. No.33/2023 on the file of the DCDRC, Villupuram)

 

                                                     Orders, dated:30.10.2023

 

1. The Branch Manager,

C/o.  Five Star Business Finance Ltd.,

Pillaiyar Kovil Street,

SBI (ADB) Bank Near,

Kannika Parameshwari Store Road,

Villupuram Town – 605 602.

 

2. The Manager,

C/o.  Five Star Business Finance Ltd.,

1^st Floor, No.91, P.H. Road,

City Union Bank,

Nerkundram,

Chennai – 600 107.… Revision Petitioners / Opposite parties 1 & 2.

 

- Versus –

Mr. Murugan,

S/o. Mr. Selvakumar,

No.12/2, Mariamman Kovil Street,

Adangkunam Village

Villupuram District & Taluk.         … Respondent /Complainant. 

 

For Rev. Petitioners /

Opposite parties 1 & 2                                 : M/s. M. Nagarathinam

 

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 22.08.2023 passed by the DCDRC, Villupuram in C.C. No.33/2023, 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 and consequently, adjourned the case to 28.08.2023 for filing proof affidavit of the complainant.

 

2.     Heard the Revision Petitioners / Opposite parties 1 & 2.  Though notice has been served on the respondent / complainant, there was no representation.  Hence, the respondent / complainant was called absent.

 

3.     This Revision Petitioners / Opposite parties 1 & 2 were set exparte for non-filing of written version before the District Commission within the statutory period.  Hence, the Revision Petition.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioners / Opposite parties 1 & 2 submitted that the Revision Petitioners / Opposite parties 1 & 2 have received the court notice on 07.08.2023 and they were set exparte on 22.08.2023.  Further, the Revision Petitioners / Opposite parties 1 & 2 submitted that the Commission below has failed to extend the time limit within the statutory period of 45 days for filing written version.  The non-filing of written version by the Revision Petitioners / Opposite parties 1 & 2 is neither wilful nor wanton.   Thus, they pray before this Commission for setting aside the exparte order dated:22.08.2023.  When that being the position, we are of the opinion that keeping the Revision Petition filed by the opposite parties 1 & 2 pending will further delay the matter.   Hence, irrespective of the reasons assigned by the Revision Petitioners / Opposite parties 1 & 2, 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 22.08.2023 passed in C.C. No.33/2023 by the DCDRC, Villupuram in setting the Revision Petitioners / Opposite parties 1 & 2 exparte is set aside, and the Opposite Parties 1 & 2 shall file their Versions, Proof Affidavits and the documents if any on their side in C.C. No.33/2023 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.SUBBIAH, J.

                                                                                   PRESIDENT.

 

 

 

KIR/TNSCDRC/Chennai/Orders/October/2023.