Tamil Nadu

StateCommission

RP/22/2022

Authorised Signatory,And another - Complainant(s)

Versus

P. Prema, And another - Opp.Party(s)

M/s. R. Sreedhar

19 Sep 2022

ORDER

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

 

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

             Thiru.R VENKATESAPERUMAL        … MEMBER

 

Revision Petition No.22 of 2022

(Against the Order, dated 24.05.2022, passed in C.C. No.18/2020, on the file of the DCDRC, Krishnagiri)

                                                    

                                                     Orders, dated:19.09.2022

1. The Authorised Signatory,

M/s. Axis Bank Ltd.,

Palaniyappa Building,

No.10-77-28, Bye Pass Road,

Opp. Bus Stand,

Hosur.

 

2. The Lap Sales Manager,

M/s. Axis Bank Ltd.,

Loan Centre, 3^rd Floor,

No.41/2, Ramakrishna Road,

Salem – 636 007.   … Revision Petitioners / Opposite parties 1 & 2.

                                                   - Versus -

1. P. Prema,

W/o. Mr. Ambalavanan,

MIG No.107, Brindavan Nagar,

Bagalur Hudco,

Hosur,

Krishnagiri District – 635 109.

                                  … 1^st Revision Respondent /Complainant. 

 

2. The Authorised Signatory,

M/s. Bajaj Alliance Life Insurance Co. Ltd.,

Bajaj Alliance House,

Basement Main Room,

Airport Road,

Yerawada,

Pune – 411 006.      … 2^nd Revision Respondent/3^rd Opposite party.     

 

For Revision Petitioners  /

Opposite parties 1 & 2            : M/s. R. Sreedhar

For 1^st Rev. Respondent /

Complainant                           : M/s. S. Prabhakar

 

     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 24.05.2022, passed by the DCDRC, Krishnagiri, in C.C. No.18/2020, whereby, the District Commission has set the Revision Petitioners herein/Opposite Parties 1 & 2 exparte for non-filing of written version and consequently, adjourned the Case to 09.06.2022 for filing proof affidavit by the complainant.

             2. Heard the submissions of the counsel appearing for both parties.

              The revision petition has been filed by the Opposite Parties 1 & 2 as against the order dt.24.05.2022 passed by the DCDRC, Krishnagiri setting the revision petitioners/ Opposite Parties 1 & 2 herein exparte for non-filing of written version in C.C. No.18/2020.  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 Opposite parties 1 & 2 pending will further delay the matter and further non-filing of written version by the opposite parties 1 & 2 within the stipulated time before the District Commission was neither willful nor wanton which was also evident from his petition.  Since the reasons assigned by the opposite parties 1 & 2 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.

     3. In the result, the Revision Petition is allowed and the impugned order, dated 24.05.2022 passed in C.C. No.18/2020 by the DCDRC, Krishnagiri, in setting the Revision Petitioners/Opposite parties 1 & 2 exparte is set aside and the opposite parties 1 & 2 shall file their Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.18/2020 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.

 

 

ISM/TNSCDRC/Chennai/Orders/September/2022.