IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

                 Present:    HON’BLE THIRU. JUSTICE.  R. SUBBIAH ,                                     PRESIDENT

                                 TMT. S.M.  LATHA  MAHESWARI,                                                       MEMBER  

F.A.No.244/2017

(Against the order passed in C.C.No.83/2012, dated 15.05.2014 on the file of the District Commission, Chennai (South))

THURSDAY, THE 29^th DAY OF JULY 2021.

T.  Arumugam,

New No.28 – Thirunagar,

20^th  Street,  Villivakkam,

Chennai – 49.                                                                  Appellant/Complainant

                  Vs

The General Manager,

Southern Railway,

Egmore, Chennai.                                                             Respondent/Opposite party

Counsel for the Appellant/Complainant:  Complainant appeared party-in-person

Counsel for Respondent/Opposite Party:  M/s. K. Muthamil Raja, Advocate.

          This appeal coming before us for final hearing on 29.07.2021 and on hearing 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 filed by the appellant/complainant under section 15 read with section 17(1) (a) (ii) of the Consumer Protection Act, 1986 to set aside the order of the learned District Commission, Chennai (South) made in C.C.No.83/2012, dated 15.05.2014, dismissing the complaint for default.      

2.    For the sake of convenience and brevity, the parties are referred to here as they stood arrayed in the District Consumer Disputes Redresssal Commission, Chennai (South).       

3.     The appellant/complainant party-in-person appeared and was heard.  The counsel for the respondent/opposite party also present and was heard.   

4.    The appellant/complainant would submit that he being a senior advocate and senior citizen used to travel from Chennai to Salem to attend the court work and accordingly on 23.08.12 he travelled in Salem Express from Chennai Egmore to Salem with confirmed 3A tickets and  when he boarded the train to access the seat, to his shock and dismay it was found that the bed linen given to him was not only stale but also stinking and therefore he suffered inconvenience, mental agony and hardship while he was on journey subsequently he took treatment for skin allergy and hence he approached the opposite party for compensation and as it was repudiated he filed a consumer complaint alleging deficiency in service and claiming compensation as against the opposite party before the District Consumer Disputes Redressal Commission, Chennai (South) while the case was pending for enquiry as the counsel engaged by him had died he failed to appear before the District Commission on 15.05.2014 which resulted in dismissal of the complaint for default for non-appearance of the complainant and now since he has a valid case to succeed the complaint, he prays for setting aside the order of the District Commission remanding back the matter to the District Commission for fresh disposal on merits allowing this appeal.      

5.         Counsel for the respondent/opposite party has no serious objection to allow this appeal and to remand back the case to the District Commission.                 

5.         Considering the above facts and circumstances of the case and having taken into account of the appellant/complainant’s submission and as he is a senior advocate and senior citizen and as the counsel engaged by him had died during the pendency of the case  consequently he was unable to appear before the District Commission and file his proof affidavit on a particular date which resulted in dismissal of the complaint and hence we are of the considered opinion that in accordance with the principles of natural justice sufficient opportunity should be given to both sides to put forth their case before the District Commission and hence the appeal has to be allowed and the matter to be remanded back to the District Commission for fresh disposal on merits.  

6.       In the result, the appeal is allowed by setting aside the order of the learned District Commission, Chennai South made in C.C.No.83/2012, dated 15.05.2014 and the matter is remanded back to the District Commission, Chennai (South) for disposal of the complaint on merits after hearing both sides.    

              The District Commission shall issue notice to both parties for their appearance and dispose the complaint on merits as early as possible, as per law.   No order as to costs in this appeal.

S.M. LATHA MAHESWARI,                                                              R. SUBBIAH,

           MEMBER.                                                                                      PRESIDENT. 

Index: Yes/No