Tamil Nadu

StateCommission

A/568/2022

Nandhini Thiyagarajan and another - Complainant(s)

Versus

The Branch Manager - Opp.Party(s)

R. Ayeshakani

23 Mar 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

 

BEFORE :                  Hon’ble Justice R. SUBBIAH                                        PRESIDENT

 Thiru R VENKATESAPERUMAL                                   MEMBER                        

                      

F.A. No.568/2022

 

(Against Order dt.25.10.2022 made in C.C. No.130/2022 on the file of the

DCDRC, Tiruvallur)

 

DATED THIS THE 23^RD DAY OF MARCH 2023

 

1. Mrs. Nandhini Thiyagarajan,

W/o. Mr. Thiyagarajan,

 

2.  Mr. Thiyagarajan,

S/o. L. Soundararajan,

Both residing at:

Plot No.92, F1, 1^st Avenue Street,

Chendurpuram Extn. – 1.

Kattupakkam,

Chennai – 600 056.                                                        … Appellants / Complainants.                                                            

                                                                       

                                                         Vs.

 

1. The Branch Manager,

State Bank of India,

Plot No.1157, Door No.137,

6^th Avenue, Anna Nagar (West),

Chennai – 600 040.

 

2. The Manager,

State Bank of India, RACPC,

D – 128, 3^rd & 4^th Floors,

1^st Main Road, Near Chinthamani Circle,

Anna Nagar East,

Chennai – 600 102.

 

3. The Zonal Manager,

 State Bank of India,

Chennai Zonal Office,

Old No.21, Rajaji Salai,

Chennai – 600 001.

 

4. The General Manager,

State Bank of India,

Local Head Office,

No.16, Circletop House,

Aparna Complex, 7^th Floor,

College Road, Greames Road, 

Chennai – 600 006.                                          … Respondents / Opposite parties.

 

Counsel for Appellants / Complainants          : M/s. R. Ayeshakani

Counsel for Respondents / Opposite parties  : M/s. K. Newlin Frederick

 

This appeal coming before us 23.03.2023 and on hearing the arguments of both sides and on perusing the material records, this Commission made the following:-

ORDER

HON’BLE THIRU.  JUSTICE R. SUBBIAH, PRESIDENT.  ( Open Court).

  

1.       This appeal has been preferred by the appellant/complainant against the order of the District Consumer Commission, Tiruvallur made in C.C. No.130/2022, dated 25.10.2022, whereby, the District Commission, Tiruvallur has dismissed the complaint for non-appearance and for non-filing of proof affidavit of the complainant.

2.           The appellant herein has filed the complaint as against the opposite parties alleging deficiency of service for the following reliefs:

            (i) to stop demanding the different amounts at different times on day today basis;

            (ii) To send a proper written communication stating as when and how the amount of Rs.29,885/- is due in their loan account.

            (iii) To pay the interest for the balance loan amount of Rs.1,00,000/- from 25.10.2017 to 18.09.2018.

           (iv) To pass on the moratorium benefit as per Clause 13 (A) of the arrangement letter dt. 24.10.2017.

           (v) To pay a sum of Rs.1,50,000/- towards compensation for mental agony and hardship to the complainant.

 

3.         In the said complaint, proof affidavit of the complainant has not been filed to prove the allegations made in the complaint.  Hence, notice has been sent through court to the complainant for his appearance and for filing proof affidavit of the complainant.   But there is no representation for the complainant on 25.10.2022.  Hence, the complaint is dismissed for default for non-filing of proof affidavit.  Against which, the present appeal has been filed.

4.         Though the conduct of the appellant exhibits the lethargic attitude, in the interest of justice, we are inclined to allow this appeal. Hence, the order of the District Commission, Thiruvallur dated 25.10.2022 is set aside  and the matter is remitted back to the District Commission, Thiruvallur with a direction to restore the complaint on the file.   The District Commission, Thiruvallur is further directed to issue notice to the parties by fixing a fresh date of hearing and on their appearance to proceed with the case inaccordance with law.  

            In the result, the appeal is allowed by setting aside the order of the District Commission, Thiruvallur in C.C. No.130/2022 dt.25.10.2022, and the DCDRC, Thiruvallur is directed to restore the compliant on the file for fresh disposal.

The District Commission, Thiruvallur is directed to issue fresh notice to the parties by fixing a fresh date of hearing and on their appearance to proceed with the case in accordance with law on merits.  

 

 

 

 

R  VENKATESAPERUMAL                                                         R. SUBBIAH

                         MEMBER                                                                              PRESIDENT

 

KIR/TNSCDRC/Chennai/Orders/March /2023.