Tamil Nadu

StateCommission

A/95/2023

R.Swaminathan, S/o Raman - Complainant(s)

Versus

Rooster Auto Mobiles - Opp.Party(s)

N.Muthuraman

06 Apr 2023

ORDER

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI – 600 003.

 

BEFORE :                  Hon’ble Justice R. SUBBIAH                                        PRESIDENT

 Thiru R VENKATESAPERUMAL                                   MEMBER                        

                      

F.A. No.95/2023

 

(Against order in C.C. No.53/2017 on the file of the DCDRC, Cuddalore)

 

DATED THIS THE 06^TH DAY OF APRIL 2023

 

R. Swaminathan,

S/o. Mr. Raman,

No.8/29, Pudukuppam,

Cuddalore 1.

Represented by his Power Agent

Mr. V. Balasundaram,

S/o. Mr. Velu,

No.3, Lepoliee Street,

Sorakalpattu,

Cuddalore District – 607 001.                                                    … Appellant / Complainant.                                                            

Vs.

Rooster Auto Mobiles,

No.9, Imperial Road,

Chellankuppam,

Cuddalore.                                                                       … Respondent / Opposite party.

 

Counsel for Appellant / Complainant            : M/s. N. Muthuraman

Counsel for Respondent / Opposite party    : M/s. S. Vimal

 

This appeal coming before us 06.04.2023 and on hearing the arguments of both sides and on perusing the material records, this Commission made the following:-

 

ORDER

HON’BLE THIRU.  JUSTICE R. SUBBIAH, PRESIDENT.  ( Open Court).

  

1.       This appeal has been preferred by the appellant/complainant against the order of the District Commission, Cuddalore made in C.C. No.53/2017 dated: 23.06.2022 dismissing the complaint for non- filing of proof affidavit of the complainant in spite of several opportunities were given to him.

2.           The appellant herein has filed the complaint as against the opposite party alleging deficiency of service for the following reliefs:

            (i) To direct the opposite party to replace the complaint mentioned two wheeler with a brand new one to the complainant &;

(ii) To direct the opposite party to pay a compensation of Rs.2,00,000/- for the mental agony and financial loss caused to the complainant;

 

3.         In the said complaint, proof affidavit of the complainant has not been filed to prove the allegations made in the complaint  inspite of sufficient opportunities that were given to him.    Hence, the complaint was dismissed.  Now, the complainant has filed the present appeal stating that since he has joined duty in the ship, he could not attend the court for the hearings.   Finally, when the matter came up on 23.06.2022, the complaint was dismissed for default for non-filing of proof affidavit. 

 

4.         Though the conduct of the appellant exhibits the lethargic attitude, in the interest of justice, we are inclined to allow this appeal. Hence, the order of the District Commission, Cuddalore dated 23.06.2022 is set aside  and the matter is remitted back to the District Commission, Cuddalore with a direction to restore the complaint on the file.   The District Commission, Cuddalore is further directed to issue notice to the parties by fixing a fresh date of hearing and on their appearance to proceed with the case inaccordance with law. 

            In the result, the appeal is allowed by setting aside the order of the District Commission, Cuddalore in C.C. No.53/2017 dt.23.06.2022, and the DCDRC, Cuddalore is directed to restore the compliant on the file for fresh disposal.

The District Commission, Cuddalore is directed to issue fresh notice to the parties by fixing a fresh date of hearing and on their appearance to proceed with the case in accordance with law on merits.  

 

 

 

 

R  VENKATESAPERUMAL                                                         R. SUBBIAH

                         MEMBER                                                                              PRESIDENT

 

 

KIR/TNSCDRC, Chennai/Orders/April 2023.