Tamil Nadu

StateCommission

RP/72/2023

The chairman & Managing Director - Complainant(s)

Versus

S.Ramajayam & anr - Opp.Party(s)

M.Arunachalam

22 Jun 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.72 of 2023

 

(Against the Order dated 02.11.2021 passed in C.C. No.68/2021 on the file of the DCDRC, Chennai (North))

 

                                                     Orders, dated:22.06.2023

 

The Chairman & Managing Director,

M/s. Piramal Capital & Housing Finance Limited,

(Amended as per CMP No.48/2022),

(Previously known as Dewan Housing

Finance Corporation Limited,

Warden House, 2^nd Floor,

Sri P M Road, Fort,

Mumbai,

Maharastra – 400 001.    … Revision Petitioner / 1^st Opposite party.

 

- Versus –

1. Mr. S. Ramajayam,

S/o. Subramanian,

No.7, 3^rd Floor,

Bakers Street,

Parrys,

Chennai – 600 001.                      … 1^st Respondent /Complainant. 

 

2. The Branch Manager,

Piramal Capital & Housing Finance Limited,

(Amended as per CMP No.48/2022),

(Previously known as Dewan Housing

Finance Corporation Limited,

D. No.2/75, The Blue Lace Brocade,

1^st Floor, New Avadi Road,

Kilpauk Garden,

Chennai – 600 010.            … 2^nd Respondent / 2^nd Opposite party.

For Revision Petitioner /1^st Opposite party  : M/s. M. Arunachalam

 

1^st Respondent / Complainant                    : M/s. G. Sathish

2^nd Respondent / 2^nd Opposite party           : Formal party

                                                                

This Revision Petition is listed today and, after hearing the arguments of the counsel for the Revision Petitioner and 1^st Respondent 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 02.11.2021 passed by the DCDRC, Chennai (North) in C.C. No.68/2021, whereby, the District Commission has set the Revision Petitioner herein/ 1^st Opposite party exparte for non-appearance even after receipt of notice and consequently, adjourned the case to 24.11.2021 for filing written version of the 2^nd opposite party finally.

 

2.     The Revision Petitioner/ 1^st Opposite party and 1^st Respondent /Complainant present.   

 

3.     Heard Revision Petitioner/ 1^st Opposite party and 1^st Respondent /Complainant. 

 

4.     The Revision Petitioner / 1^st Opposite party was set exparte for non-appearance even after receipt of notice.  Hence, the present Revision Petition.   When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner / 1^st Opposite party submitted that the order of the District Commission has to be set aside in the interest of justice and consequently, the 1^st opposite party should be given fair chance of contesting the case on merits in order to prove that there had been no deficiency in service on their part.   Thus, he prays for setting aside the exparte order dated:02.11.2021.   When that being the position, we are of the opinion that keeping the Revision Petition filed by the 1^st opposite party pending will further delay the matter.   Irrespective of the reason assigned by the 1^st opposite party for non-filing of written version, we are of the opinion that in the interest of justice, this Revision Petition could be allowed by setting aside the exparte order passed by the District Commission so that, the Revision Petitioner / 1^st Opposite party will have a chance to contest the case on merits.

 

5.     In the result, the Revision Petition is allowed and the impugned order, dated 02.11.2021 passed in C.C. No.68/2021 by the DCDRC, Chennai (North) in setting the Revision Petitioner / 1^st Opposite party exparte is set aside, and the 1^st Opposite Party shall file his Vakalath, Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.68/2021 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

 

 

 

 

KIR/TNSCDRC/Chennai/Orders/June/2023.