Tamil Nadu

StateCommission

A/254/2022

G. Devarajan, s/o. late J. Gopalakrishnan, sathiyanarayanan st, sembium, chennai-600 001 - Complainant(s)

Versus

THE CUSTOMER CARE SERVCARDS AND PAYMENTS SERVICES, DLF CYBER CITY , GURAGOAN, HARYANA AND ANOTHER - Opp.Party(s)

m/s. G. Devarajan

26 May 2022

ORDER

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

 

Present: Hon’ble Thiru Justice R.SUBBIAH       ... PRESIDENT

 

                  Thiru. S.KARUPPIAH    ... JUDICIAL MEMBER

 

F.A. No.254 of 2022

(Against the Order dated 17.02.2022, in SR No.208/2020 on the file of  the DCDRC, Chennai-North)

                                                    

Thursday, the 26^th Day of May 2022

G.Devarajan,

S/o. (late) J.Gopalakrishnan,

New No.12, Old No.25

Sathiyanarayanan Street

Appo Rao Garden, II Floor

Sembium, Chennai 600 011.               … Appellant/Complainant

 

vs.

 

1.  The Customer Care Service

SBI Cards & Payments

Services Ltd. (SBICPSL)

Correspondence Department

      DLF Infinity Towers, Tower C,

      12^th Floor, Block No.2, Building 3

      DLF Cyber City,

      Gurgaon 122 002, Haryana

 

2. The Customer Care Service

SBI Cards & Payments

Services Ltd. (SBICPSL)

Correspondence Department

      DLF Infinity Towers, Tower C,

      No.141, Rajiv Gandhi Salai

      10^th Floor, TVH Agnitio Park

      Kandanchavadi,

      Chennai – 600096        …Respondents/Opposite Parties

                Appellant, appearing party-in-person.

 

This Appeal is coming before us for hearing today and, after hearing the complainant and upon perusing the material records, this Commission passes the following:-

 

O R D E R

 

R.Subbiah, J. – President.      (Open Court)

 

             The present first appeal has been filed as against the order, dated 17.02.2022, passed by the DCDRF, Chennai-North, in SR No.208/2020, whereby, the complaint filed by the appellant herein was rejected under Section 36(2) of the Consumer Protection Act, 2019 at the SR Stage.

 

        2.     The complaint has been rejected on the ground that the complainant has not rectified the defects within the time specified by the Registry.  Moreover, the complaint has been filed under the old Act, which is repealed and name of the Commission also not stated correctly. The representative capacity of 1^st and 2^nd opposite parties are also not stated in the cause title of the complaint.  Therefore, on perusal of documents, it appears that the complainant is not a consumer and he has not alleged any deficiency of service on the part of the opposite parties.

 

              3.    But, we are of the opinion that the rejection of the complaint holding that the complainant is not a consumer, even before numbering the Complaint, may not be appropriate.  There is no doubt that the complainant has not rectified the defects within the specified time, inspite of granting sufficient opportunities.  In the interest of justice, one more chance could be given to the complainant to rectify the defects, so that he could agitate his grievance on merits.  In the event, the District Commission has come to the conclusion at the final stage that the issue involved in this complaint is not related to consumer dispute, the District Commission has always liberty to pass appropriate orders.  Hence, the impugned order of dismissal cannot be sustained and it is but proper to direct the District Commission to re-initiate the process and take the case on file if it is otherwise in order.  

 

             4.  In the result, the appeal is allowed by setting aside the impugned order, dated 17.02.2022, passed by the DCDRC, Chennai North, in SR No.208 of 2020, with a direction to the said Commission to take the Complaint on file, if it is in otherwise order and dispose of the same on its own merits and in accordance with law, within a reasonable time-frame.

 

 

S.KARUPPIAH                                               R.SUBBIAH

(JUDL. MEMBER)                                         (PRESIDENT)

 

 

AVR/TNSCDRC/Chennai/Orders/MAY/2022.