Tamil Nadu

StateCommission

RP/83/2022

Proprietor - Complainant(s)

Versus

S.Bhavan sundan & 3 ors - Opp.Party(s)

S.Jerald lenis

08 Feb 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.83 of 2022

 

(Against the Order dated 28.09.2022 passed in C.C. No.09/2022 on the file of the DCDRC, Chennai (North))

 

                                                     Orders, dated:08.02.2023

MRM Travels,

Represented by its Proprietor,

Mr. R. Mahendren,

No.4/74, Edaiyar Kovilpatti,

Vellalur,

Melur Taluk,

Madurai – 625 105.  

 

Having office at:-

Omni Bus Stand,

Sriji Majestic Commercial Complex,

F1, Koyambedu Market E Rd.,

Omni Bus Terminus Entrance,

Virrugambakkam,

Koyambedu,

Chennai – 600 107.   … Revision Petitioner / 2^nd Opposite party.

 

 Versus 

1. S. Bhavan Sudhan,

S/o. Mr. Arul,

No.46/27, Gandhi Street,

Karma Nagar,

Kundrathur,

Chennai – 600 069.    

2. S. Karthikeyan,

S/o. Mr. Somasundaram,

No.24, Sivaraj Street,

Thiruneermalai,

Chrompet,

Chennai – 600 044.

 

3. K. Prasanthan,

S/o. Mr. Kabilan,

Plot No.10, Narmadha Street,

Venkateswara Nagar,

Anakaputhur,

Chennai – 600 070.            … Respondents 1 to 3 /Complainants. 

 

4. Red Bus,

Represented by its Chief Executive Officer,

Mr. Prakash Sangam,

Door No.10, Khader Nawaz Khan Road,

Thousand Lights West,

Nungambakkam,

Chennai – 600 034.               … 4^th Respondent /1^st Opposite party. 

 

For Revision Petitioner / 2^nd Opposite party: M/s. S. Jerald Lenin

For 1^st Respondent /Complainant               : Party in person

Respondents 2 & 3                                     : Served called        

                                                                    absent

4^th Respondent                                     :  PP effected 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 28.09.2022, passed by the DCDRC, Chennai (North) in C.C. No.09/2022, whereby, the District Commission has set the Revision Petitioner herein/ 2^nd Opposite party exparte for non-filing of written version within the statutory period of 45 days and consequently, adjourned the Case to 20.10.2022 for filing proof affidavit of the complainant.

2.     Heard the Revision Petitioner herein/ 2^nd Opposite party.  There is no representation for the 1^st respondent / complainant. Though notice has been served to the respondents 2 & 3, they have not chosen to appear before this Commission and hence, the respondents 2 & 3 were called absent.   Though notice has been served to the 4^th respondent /1^st opposite party by way of paper publication, he has not appeared before this Commission.  Hence, the 4^th respondent / 1^st opposite party was called absent.

 

3.     This Revision Petitioner herein/ 2^nd Opposite party was set exparte for non-filing of written version within the statutory period of 45 days.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner herein/ 2^nd Opposite party submitted that due to heavy work pressure, he was unable to calculate the correct period for filing the written version.  Hence, unfortunately the Revision Petitioner herein/ 2^nd Opposite party  was set exparte on 28.09.2022.   Thus, he prays for setting aside the exparte order dated:28.09.2022.   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.  Though we find that the conduct of the 2^nd opposite party’s Counsel would exhibit lethargic attitude but in the interest of justice, we are inclined to allow this Revision Petition by setting aside the impugned order.   Hence, we are inclined to pass the following order:

4.     In the result, the Revision Petition is allowed and the impugned order, dated 28.09.2022, passed in C.C. No.09/2022 by the DCDRC, Chennai (North) in setting the Revision Petitioner herein/ 2^nd Opposite party  exparte is set aside, and the 2^nd opposite party shall file his Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.09/2022 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/ February /2023.