Tamil Nadu

StateCommission

RP/33/2023

The Divisional Manager, National Insurance Company Ltd - Complainant(s)

Versus

R.Velmurugan, S/o V.Rajasekaran & Anr. - Opp.Party(s)

M/s S.Radhadevi

27 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.33 of 2023

 

(Against the Order dated 30.10.2018 passed in C.C. No.71/2018 on the file of the DCDRC, Chennai (North))

 

                                                     Orders, dated:27.04.2023

The Divisional Manager,

National Insurance Company Ltd.,

Chennai Divisional Office III,

Corporation Business Servicing Office,

No.35, 2^nd Floor, Gandhi Nagar,

1^st Main Road, Adyar,

Chennai – 600 020.        … Revision Petitioner / 2^nd Opposite party.

- Versus –

1. R. Velmurugan,

S/o. Mr. V. Rajasekaran,

No.12/97, 1^st Street,

Patel Nagar,

Tondiarpet,

Chennai – 600 081.                    … 1^st Respondent /Complainant.

 

2. The Secretary,

Represented by the Bar Council of

Tamil Nadu & Puducherry,

High Court Campus,

Chennai – 600 104.            … 2^nd Respondent / 1^st Opposite party.

 

For Rev. Petitioner / 2^nd Opposite party : M/s. S. Radha Devi

For 1^st Respondent /Complainant          : M/s. S. Muthuselvan

For 2^nd Respondent / 1^st Opposite party : M/s. S. Sivakumar

     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 30.10.2018, passed by the DCDRC, Chennai (North) in C.C. No.71/2018, whereby, the District Commission has set the Revision Petitioner / 2^nd Opposite party exparte for non-appearance inspite of receipt of notice and consequently, adjourned the Case to 13.11.2018 for filing written version of the 1^st opposite party.

2.     Heard the both parties.

3.     This Revision Petitioner / 2^nd Opposite party was set exparte for non-appearance before the District Commission inspite of receipt of notice.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner / 2^nd Opposite party submitted that their Counsel went abroad due to some personal reasons and so he was not able to file his written version on 30.10.2018.  The non-filing of written version by the Revision Petitioner / 2^nd Opposite party before the District Commission is neither willful nor wanton.  Thus, the Revision Petitioner / 2^nd Opposite party prays for setting aside the exparte order dated:30.10.2018.  

 

4.     When that being the position, we are of the opinion that keeping the Revision Petition filed by the 2^nd Opposite party pending will further delay the matter.  Since, the reasons assigned by the 2^nd Opposite party seems to be bonafide and also, in the interest 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 30.10.2018 passed in C.C. No.71/2018 by the DCDRC, Chennai (North) in setting the Revision Petitioner / 2^nd Opposite party exparte is set aside, and the 2^nd Opposite party shall file his Vakalath, Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.71/2018 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.