Tamil Nadu

StateCommission

RP/50/2022

Rakshi vendure & 20 ors - Complainant(s)

Versus

Premalatha - Opp.Party(s)

20 Oct 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.50 of 2022

(Against the Order, dated 11.07.2022, passed in C.C. No.54/2022, on the file of the DCDRC, Coimbatore)

                                                    

                                                     Orders, dated:20.10.2022

1. M/s. Rakshi Vendure,

Represented by its Partners,

Mr. Shiva & Mr. Rakesh,

No.15 C, 7^th Street,

Sriram Nagar,

Chettipalayam Road,

Podanur,

Coimbatore – 641 023.

 

2. Mr. Shiva,

No.15 C, 7^th Street,

Sriram Nagar,

Chettipalayam Road,

Podanur,

Coimbatore – 641 023.

 

3. Mr. Rakesh,

No.15 C, 7^th Street,

Sriram Nagar,

Chettipalayam Road,

Podanur,

Coimbatore – 641 023. … Revision Petitioners/ Opposite parties.

                                                 

- Versus -

Mrs. Premalatha,

No.301 C Wing Athene,

Rustomjee, Urbania,

Majiwada, Lodha Paradise,

Thane West,

Maharastra – 400 061.

 

Now residing at:

Flat No.107, Manomani Ice Towers,

K.K. Pudur, 4^th Street,

NSR Road,

Coimbatore – 641 038.               … Respondent /Complainant. 

 

For Revision Petitioners/ Opposite parties : M/s. R. Prabakar

For Respondent /Complainant                  : M/s. S. Saravanan

 

     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 11.07.2022, passed by the DCDRC, Coimbatore in C.C. No.54/2022, whereby, the District Commission has set the Revision Petitioners herein/Opposite Parties 1 to 3 exparte for their non-appearance even after the receipt of private notice and consequently, adjourned the Case to 01.08.2022 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 to 3 as against the order dt.11.07.2022 passed by the DCDRC, Coimbatore setting the revision petitioners/ Opposite parties 1 to 3 herein exparte for their non-appearance even after the receipt of private notice in C.C. No.54/2022.   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 to 3 pending will further delay the matter and further non-appearance of the opposite parties 1 to 3 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 to 3 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 11.07.2022 passed in C.C. No.54/2022 by the DCDRC, Coimbatore in setting the Revision Petitioners/Opposite parties 1 to 3 exparte is set aside and the opposite parties 1 to 3 shall file their Vakalat, Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.54/2022 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.