Tamil Nadu

StateCommission

RP/56/2022

Dr.Sriram - Complainant(s)

Versus

S.Jayachandran - Opp.Party(s)

02 Nov 2022

ORDER

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

 

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

             Thiru.R VENKATESAPERUMAL        … MEMBER

 

Revision Petition No.56 of 2022

(Against the Order, dated 30.08.2022, passed in C.C. No.171/2021, on the file of the DCDRC, Chennai (South))

                                                    

                                                     Orders, dated:02.11.2022

 

Dr. Sriram (Diabetologist),

M/s. Billroth Hospitals,

No.52, 2^nd Main Road,

R.A. Puram,

Chennai – 600 028.   ... Revision Petitioner / 3^rd Opposite Party.

vs.

 

1. S. Jayachandran,

S/o. Mr. C. Surendran,

No.3 A, 1^st Floor, 2^nd Cross Street,

Saraswathi Nagar,

Nedunkundram,

Chennai – 600 048.        … 1^st Revision Respondent / Complainant.

                                     

2. M/s. Billroth Hospitals,

Represented by its Chairman,

No.52, 2^nd Main Road,

R.A. Puram,

Chennai – 600 028.

 

3. Dr. G. Vijay Balaji,

Orthopaedic Surgeon,

M/s. Billroth Hospitals,

No.52, 2^nd Main Road,

R.A. Puram,

Chennai – 600 028.

 

4. Dr. Sivakumar,

Cardiologist,

M/s. Billroth Hospitals,

No.52, 2^nd Main Road,

R.A. Puram,

Chennai – 600 028.

                           ... Respondents 2 to 4/Opposite parties 1, 2 & 4.

 

For Rev. Petitioner / 3^rd Opposite Party :M/s. S. Rajalakshmi

 

     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 30.08.2022, passed by the DCDRC, Chennai (South) in C.C. No.171/2021, whereby, the District Commission has set the Revision Petitioner herein/3^rd Opposite Party exparte and consequently, adjourned the Case to 23.09.2022 for filing proof affidavit by the complainant and 1^st opposite party.

             2. Heard the submissions of the counsel appearing for the revision petitioner/ 3^rd Opposite Party.

              The revision petition has been filed by the 3^rd opposite party as against the order dt.30.08.2022 passed by the DCDRC, Chennai (South) setting the revision petitioner/ 3^rd opposite party herein exparte in C.C. No.171/2021.  But the complaint has not reached any finality till date.  Though private notice was served on the 1^st respondent/ complainant, he has not chosen to appear before this Commission.  When that being the position, we are of the opinion that keeping the Revision Petition filed by the 3^rd opposite party pending will further delay the matter and further the non-appearance of the 3^rd opposite party before the District Commission was neither willful nor wanton which was also evident from his petition.  Since the reasons assigned by the 3^rd 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.

                     3. In the result, the Revision Petition is allowed and the impugned order, dated 30.08.2022, passed in C.C. No.171/2021 by the DCDRC, Chennai (South) in setting the revision petitioner/ 3^rd opposite party exparte is set aside, and the 3^rd opposite party shall file their Vakalath, Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.171/2021 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.