Tamil Nadu

StateCommission

A/212/2023

Sivakamini Manthir Moorthy Chennai 78 - Complainant(s)

Versus

The Branch Manager , State Bank of India - Opp.Party(s)

M/s Suryanar Mahesan

27 Jun 2023

ORDER

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI – 600 003.

 

BEFORE :                  Hon’ble Justice R. SUBBIAH                                        PRESIDENT

 Thiru R VENKATESAPERUMAL                                   MEMBER                        

                      

F.A. No.212/2023

 

(Against Order in RBT / C.C. No.73/2022 on the file of the DCDRC, Villupuram)

 

DATED THIS THE 27^TH DAY OF JUNE 2023

 

Sivakamini Manthira Moorthy,

Plot No.692, Flat No.F2,

46^th Street, 9^th Sector,

K.K. Nagar,

Chennai – 600 078.                                                                    … Appellant / Complainant.                                                            

                                                                       

                                                         Vs.

 

The Branch Manager,

State Bank of India,

T. Nagar Branch,

Panagal Park,

No.24, Prakasam Road,

Chennai – 600 017.                                              … Respondents / Opposite parties.

 

Counsel for Appellant / Complainant              : M/s. R. Suryanar Maheshan

Counsel for Respondent / Opposite party      : M/s. K. Newlin Frederick

 

This appeal coming before us on 27.06.2023 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 Commission, Villupuram made in RBT /C.C. No.73/2022, dated 30.08.2022, whereby, the District Commission, Villupuram has dismissed the complaint for non-filing of proof affidavit.

 

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

            (i) To pay a sum of Rs.1,10,461/- with interest at the rate of 12% p.a. from the date of debit in the loan account of the complainant.

            (iii) To pay a sum of Rs.5,00,000/- towards compensation for loss, pain, sufferings and mental agony with interest at the rate of 12% p.a. and

(iii) To pay the cost of the complaint 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, the complaint was dismissed for default on 30.08.2022.   But the complainant came to know about the dismissal of the complaint for default only on 20.10.2022.  

 

4.         Though the conduct of the appellant exhibits the lethargic attitude, when the case had come up for hearing on 20.06.2023 in order to provide an opportunity to the appellant / complainant to prosecute the case on merits, this appeal was allowed on a condition that the appellant shall pay a sum of Rs.3,000/- to the Legal Aid Account, SCDRC drawn in favour of the Registrar, SCDRC, Chennai on or before 26.06.2023. 

 

5.         Today, when the matter again appeared in the list, it is reported by the Counsel for appellant that the conditional order has been complied with.   Hence, the order of the District Commission, Villupuram in RBT / C.C. No.73/2022 dt. 30.08.2022 is set aside and the matter is remitted back to the District Commission, Villupuram with a direction to restore the complaint on their file.   The District Commission, Villupuram is further 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.

 

            In the result, the appeal is allowed by setting aside the order of the District Commission, Villupuram in RBT / C.C. No.73/2022 dt.30.08.2022, and the DCDRC, Villupuram is directed to restore the compliant on the file for fresh disposal.

The District Commission, Villupuram 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/June 2023.