Tamil Nadu

StateCommission

RP/55/2023

SML ISUZU Ltd., - Complainant(s)

Versus

Sudharsanam Vidyaashram, Rep. by P. Venkatesh Raja & Anr. - Opp.Party(s)

M/s R.S.Ranganadhan

26 May 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.55 of 2023

 

(Against the Order dated 22.01.2020 passed in C.C. No.272/2019 on the file of the DCDRC, Chennai (South))

 

                                                     Orders, dated:26.05.2023

 

M/s. S.M.L. ISUZU Ltd.,

Formerly at:-

No.18, Siddus Complex,

2^nd Floor, Sardar Patel Road,

Guindy,

Chennai – 600 032.

 

Presently at:-

No.25/3, 3^rd Floor,

Velacherry Road,

Little Mount,

Saidapet,

Chennai – 600 015.         … Revision Petitioner / 1^st Opposite party.

 

- Versus –

1. Sudharsanam Vidyaashram,

Represented by Mr. P. Venkatesh Raja,

Correspondent,

Sudharsanam Vidyaashram (CBSE School),

Poonamallee – Avadi Main Road,

Thiruverkadu,

Chennai – 600 077.                      … 1^st Respondent /Complainant. 

 

2. M/s. Chakraa Automobiles,

New No.43, Old No.21,

7^th Avenue, Ashok Nagar,

Chennai – 600 083 (Admin Office)

Also at:

No.530, Redhills,

Madhavaram High Road,

Vadakarai,

Chennai – 600 052.             … 2^nd Respondent / 2^nd Opposite party.

 

For Revision Petitioner /1^st Opposite party  : M/s. R.S. Ranganadham

 

For 1^st Respondent / Complainant              : M/s. R. Sethu Pandian

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 22.01.2020 passed by the DCDRC, Chennai (South) in C.C. No.272/2019, whereby, the District Commission has set the Revision Petitioner herein/ 1^st Opposite party exparte for non-filing of written version for a long time and consequently, adjourned the case to 28.02.2020  for taking fresh notice to the 2^nd opposite party through correct address.

 

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

3.     Heard both parties. 

 

4.     The Revision Petitioner / 1^st Opposite party was set exparte for non-filing of written version.  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 case was posted on 22.01.2020 for filing written version before the District Commission by the Revision Petitioner / 1^st Opposite party.   The Revision Petitioner / 1^st Opposite party has also prepared a draft version and sent the same for approval to the Head Office at Chandigarh.   Due to intervening Pongal holidays at Chennai Zonal Office, the Revision Petitioner / 1^st Opposite party could not get the approval from the Head Office and hence, the Revision Petitioner / 1^st Opposite party was not able to file version on 22.01.2020 and as such the Revision Petitioner / 1^st Opposite party was set exparte by the District Commission.   Thus, he prays for setting aside the exparte order dated:22.01.2020 in order to give a chance to the 1^st opposite party to contest the case on merits.   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 22.01.2020 passed in C.C. No.272/2019 by the DCDRC, Chennai (South) in setting the Revision Petitioner / 1^st Opposite party exparte is set aside, and the 1^st Opposite Party shall file his Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.272/2019 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/May/2023.