Tamil Nadu

StateCommission

RP/96/2022

The partner Aanjaneya pazhamudir nilayam - Complainant(s)

Versus

S.Jayaraman - Opp.Party(s)

G.Vadiraj anirudh

18 Jan 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.96 of 2022

 

(Against the Order dated 07.09.2022 passed in C.C. No.201/2022 on the file of the DCDRC, Coimbatore )

 

                                                     Orders, dated:18.01.2023

 

M/s. Aanjaneya Pazhamudir Nilayam,

Represented by its Partner,

No.227/1, NSR Road,

Saibaba Colony,

Coimbatore – 641 002.        … Revision Petitioner / Opposite party.

 

- Versus –

S. Jayaraman,

S/o. Shanmuga Nadar,

No.6/125, 3^rd Street,

PM Samy Colony,

RS Puram,

Coimbatore – 641 002.                      … Respondent /Complainant. 

 

For Revision Petitioner /Opposite party : M/s. S.G. Vadiraj Anirudh

For 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 07.09.2022 passed by the DCDRC, Coimbatore in C.C. No.201/2022, whereby, the District Commission has set the Revision Petitioner / Opposite party exparte for their non-appearance before the District Commission and consequently, adjourned the Case to 06.10.2022 for filing proof affidavit of the complainant.

     2. Heard the submissions of the counsel appearing for the Revision Petitioner / Opposite party.  Though private notice was served on the respondent/ complainant, he has not chosen to appear before this Commission.   Hence, he was called absent.

              The revision petition has been filed by the Opposite party as against the order dt.07.09.2022 passed by the DCDRC, Coimbatore setting the Revision Petitioner herein / opposite party exparte in C.C. No.201/2022.  But the complaint has not reached any finality till date.  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 and further, the non-appearance of the opposite party before the District Commission was neither willful nor wanton which was also evident from his petition.  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 dt.07.09.2022.

     3. In the result, the Revision Petition is allowed and the impugned order, dated 07.09.2022, passed in C.C. No.201/2022 by the DCDRC, Coimbatore in setting the revision petitioner/ Opposite party exparte is set aside, and the opposite party shall file Vakalath, Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.201/2022 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/January/2023.