Tamil Nadu

StateCommission

RP/25/2024

THE NEW INDIA ASSURANCE CO. LTD REP BY ITS THE MANAGER - Complainant(s)

Versus

R.G. SHANMUGAM - Opp.Party(s)

S. DHAKSHNAMOORTY-REV.PETNR

14 May 2024

ORDER

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

 

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

    

Revision Petition No.25 of 2024

 

[(Against the Order dated 13.10.2023 passed in C.C. No.230/2023 on the file of the DCDRC, Chennai (South)]

 

                                                               Orders dated:14.05.2024

 

The New India Assurance Co. Ltd.,

Represented by its Manager,

Macmillan House, 2^nd Floor,

‘B’ Block 21, Patullos Road,

Chennai – 600 002.                                 … Revision Petitioner /  

1^st Opposite party

- Versus –

1. R.G. Shanmugam,

S/o. Mr. R.J. Gopal,

Plot No.38, Kuberan Nagar,

2^nd Street, Madipakkam,

Chennai – 600 091.                                              … 1^st Respondent/

Complainant

2. The New India Assurance Co. Ltd.,

Represented by its Branch Manager,

Madipakkam Micro Office (712706),

Madipakkam,

Chennai – 600 091.                                            .. 2^nd Respondent /

2^nd Opposite party

 

Counsel for Revision Petitioner / 

1^st Opposite party                                  : M/s. S. Dhakshnamoothy

 

Counsel for 1^st Respondent /Complainant: Notice served

 

 

     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 13.10.2023 passed by the DCDRC, Chennai (South) in C.C. No.230 of 2023, whereby, the Revision Petitioner/ 1^st Opposite party was set exparte by the District Commission for non-appearance and for non-filing of written version and consequently, adjourned the case for taking fresh notice to the 2^nd opposite party by 02.11.2023.

 

        2.     Heard the counsel for the Revision Petitioner / 1^st Opposite party.  The notice sent to the 1^st respondent / complainant was returned with the postal endorsement as ‘Door locked’ but intimation for which, was served on the 1^st respondent / complainant.    But there is no representation for the 1^st respondent / complainant.

 

                3.     The Revision Petitioner / 1^st Opposite party was set exparte for non-appearance and for non-filing of written version before the District Consumer Commission, Chennai (South).  Hence, the present Revision Petition.   But the complaint has not reached any finality till date.   The learned Counsel for Revision Petitioner / 1^st Opposite party submitted that the non-appearance of the 1^st opposite party before the District Commission was neither wilful nor wanton.  Thus, he prayed this Commission for setting aside the ex-parte order dated 13.10.2023. 

 

 

                4. Irrespective of the reason assigned by the 1^st opposite party for non-appearance and non-filing of written version, I am of the opinion, in the interest of justice, the Revision Petition could be allowed by setting aside the impugned order of the District Commission, so that the Revision Petitioner will have a chance of contesting the case on merits.

         

 

                5.  In the result, the Revision Petition is allowed and the impugned order dated 13.10.2023 passed in C.C. No.230 of 2023 by the DCDRC, Chennai (South) is set aside.  The Revision Petitioner/ 1^st Opposite Party is directed to appear before the DCDRC, Chennai (South) and file his Vakalat, Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.230 of 2023 on the next date of hearing without fail, whereupon, the District Commission is directed to proceed with the case in accordance with law, for its early disposal.

 

                                                    

                

                                                                              R.SUBBIAH

                                                                               PRESIDENT

 

 

 KIR/TNSCDRC/Chennai/Orders/May/2024.