Tamil Nadu

StateCommission

RP/100/2022

manager - Complainant(s)

Versus

Senthil raj & 2 ors - Opp.Party(s)

Adeesh arun

27 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.100 of 2022

 

(Against the Order dated 05.08.2022 passed in C.C. No.39/2021 on the file of the DCDRC, Erode)

 

                                                     Orders, dated:27.01.2023

 

M/s. Reliance Jio Infocomm Ltd.,

Represented by its Manager,

9^th Floor, Market Chambers IV,

Nariman Point,

Mumbai   400 021.        … Revision Petitioner / 2^nd Opposite party.

  Versus 

 

1. Senthil Raja,

S/o. Mr. Shanmugam,

Pudhupalayam,

Aval Poondurai Post,

Elumathur Via, Modakkurichi Taluk,

Erode District.

 

2. Palanisamy,

S/o. Mr. Shanmugam,

Pudhupalayam,

Aval Poondurai Post,

Elumathur Via, Modakkurichi Taluk,

Erode District.                       … Respondents 1  & 2/Complainants. 

 

3. The Branch Manager,

M/s. State Bank of India,

Arachalur Branch,

Arachalur,

Erode District.                    … 3^rd Respondent / 1^st Opposite party.

 

For Revision Petitioner / 2^nd Opposite party : M/s. Adeesh Anto

Respondents 1  & 2/Complainants              : 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 05.08.2022, passed by the DCDRC, Erode in C.C. No.39/2021 whereby, the District Commission has set the Revision Petitioner / 2^nd Opposite party exparte for non-appearance before the District Commission even after the receipt of notice and consequently, adjourned the Case to 16.08.2022 for filing proof affidavit of the complainant.

2.     The notice was served on the respondent Nos.1 & 2 but they have not chosen to appear before this Commission.  Hence, the respondent Nos.1 & 2 was called absent.   M/s. S. Makesh, Advocate has undertaken to file Vakalat for the 3^rd respondent but till date, he has not filed any Vakalat.

3.     Heard the Revision Petitioner / 2^nd Opposite party. This Revision Petitioner / 2^nd Opposite party was set exparte for non-appearance of the 2^nd opposite party before the District Commission even after the receipt of notice.   When the matter had come up before this Commission, the Learned Counsel for Revision Petitioner / 2^nd Opposite party submits that initially the 2^nd opposite party has engaged Mr. Babu, Advocate to represent his case.  But he did not represent the company name and filed Vakalath on behalf of the 2^nd opposite party.  Hence on 05.08.2022, the 2^nd Opposite party was set exparte.  Thus, he prays for setting aside the exparte order dated:05.08.2022.   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 and further, the non-appearance of the 2^nd opposite party before the District Commission was neither willful nor wanton which was also evident from their petition.  Since the reasons assigned by the 2^nd 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.

5.     In the result, the Revision Petition is allowed and the impugned order, dated 05.08.2022, passed in C.C. No.39/2021 by the DCDRC, Erode in setting the Revision Petitioner / 2^nd Opposite party exparte is set aside, and the 2^nd Opposite party shall file his Vakalath, Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.39/2021 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/January/2023.