Tamil Nadu

StateCommission

RP/22/2023

Jagan Metal Mart, Rep. by its Manager, - Complainant(s)

Versus

Rajkumar, S/o Swaminathan - Opp.Party(s)

M/s M.Velmurugan

15 Mar 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.22 of 2023

 

(Against the Order dated 13.01.2023 passed in C.C. No.217/2022 on the file of the DCDRC, Erode)

 

                                                     Orders, dated:15.03.2023

Jagan Metal Mart,

Represented by its Manager,

No.455, Dharapuram Main Road,

Modachur,

Gobi – 638 746.                 … Revision Petitioner / Opposite party.

 

- Versus –

Rajkumar,

S/o. Swaminathan,

No.16/3, Thendral Nagar,

Chenniyavalasu Road,

Perundurai,

Erode – 638 052.                              … Respondent /Complainant. 

 

For Revision Petitioner / Opposite party   : M/s. M. Velmurugan

 

Respondent /Complainant                       : Served called absent        

 

     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 13.01.2023 passed by the DCDRC, Erode in C.C. No.217/2022, whereby, the District Commission has set the Revision Petitioner herein/ Opposite party exparte for non-appearance and for non-filing of written version and consequently, adjourned the Case to 31.01.2023 for filing proof affidavit of the complainant.

2.     Heard the Revision Petitioner / Opposite party.  Though notice has been served on the respondent / complainant, there is no representation.  Hence, the respondent / complainant was served called absent.

3.     This Revision Petitioner / Opposite party was set exparte for non-appearance and for non-filing of written version.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner / Opposite party submitted that the Advocate on record went to Kerala for his medical treatment and he was not able to file his written version on the said hearing date.  Hence, unfortunately the Revision Petitioner / Opposite party was set exparte on 13.01.2023.   Thus, he prays for setting aside the exparte order dated:13.01.2023.   When that being the position, we are of the opinion that keeping the Revision Petition filed by the opposite party pending will further delay the matter.   Since the reasons assigned by the opposite party 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.

4. In the result, the Revision Petition is allowed and the impugned order, dated 13.01.2023, passed in C.C. No.217/2022 by the DCDRC, Erode in setting the Revision Petitioner / Opposite party exparte is set aside, and the Opposite Party shall file his Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.217/2022 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/March/2023.