Tamil Nadu

StateCommission

RP/32/2023

The Excutive Engineer (AE), Special maintenance Dept., TNEB & Anr.18 and another - Complainant(s)

Versus

P.Natarajan, S/o M.Perumal & Anr. - Opp.Party(s)

M/s K.Kamalakkannan

12 Apr 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.32 of 2023

 

(Against the Order dated 10.10.2022 passed in C.C. No.102/2022 on the file of the DCDRC, Chennai (North))

 

                                                     Orders, dated:12.04.2023

 

1. The Executive Engineer (AE),

Special Maintenance Department,

TNEB, Kannadasan Nagar,

Chennai – 600 118.  

 

2. The Chairman, TNEB,

No.825, Link Road,

Anna Salai,

Thiruvellikeni,

Chennai – 600 002.

                              … Revision Petitioners / Opposite parties 1 & 2.

- Versus –

1. Mr. P. Natarajan,

S/o. M. Perumal,

No.42/900, Sathyamoorthy Nagar,

Vyasarpadi,

Chennai- 600 039.                        … 1^st Respondent/Complainant. 

 

2. The EB Reading Officer,

TNEB,

Kannandasan Nagar,

Chennai – 600 118.               … 2^nd Respondent/3^rd Opposite party. 

 

For Revision Petitioners /

Opposite parties 1 & 2                     : M/s. K. Kamalakannan

 

1^st Respondent/Complainant           : Served called absent

 

2^nd Respondent/3^rd Opposite party  : Given up

 

     This Revision Petition is listed today and, after hearing the arguments of the Counsel for the Revision Petitioner 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 10.10.2022 passed by the DCDRC, Chennai (North) in C.C. No.102/2022 whereby, the District Commission has set the Revision Petitioners / Opposite parties 1 & 2 exparte for their non-appearance and consequently, adjourned the Case to 04.11.2022 for taking fresh notice to the 3^rd opposite party to correct name and designation privately by RPAD.

 

2.     Though notice has been served on the 1^st respondent, there is no representation.  Hence, the 1^st respondent / complainant was called absent.   The 2^nd respondent has been given up by the revision petitioners as he is only a formal party.

 

3.     Heard the Revision Petitioners / Opposite parties 1 & 2.  These Revision Petitioners / Opposite parties 1 & 2 were set exparte for non-appearance before the District Commission.  But the complaint has not reached any finality till date.  Though private notice was served on the 1^st respondent, he has not chosen to appear before this Commission.  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, the non-appearance of the opposite parties 1 & 2 before the District Commission was neither willful nor wanton which was also evident from their petition.  Since the reasons assigned by the Opposite Parties 1 & 2 seem to be bonafide and also, in the interests 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 10.10.2022 passed in C.C. No.102/2022 by the DCDRC, Chennai (North) in setting the Revision Petitioners / Opposite parties 1 & 2 exparte is set aside, and the Opposite parties 1 & 2 shall file his Vakalath, Versions, Proof Affidavits and the documents/exhibits on their side, if any, in C.C. No.102/2022 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/ April /2023.