Tamil Nadu

StateCommission

A/564/2022

S.Joseph Xavier Arokiaraj - Complainant(s)

Versus

The Managing Director - Opp.Party(s)

31 Mar 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI – 3.

 

BEFORE :                  Hon’ble Justice R. SUBBIAH                                        PRESIDENT

 Thiru R VENKATESAPERUMAL                                   MEMBER                        

                      

F.A. No.564/2022

 

(Against order in C.C. No.307/2019 dt.25.08.2022 on the file of the

DCDRC, Chennai (South))

 

DATED THIS THE 31^ST DAY OF MARCH 2023

 

S. Joseph Xavier Aarokiaraj,

S/o. Mr. Sam Joseph,

J.S. Hospital,

No.12, MGR Salai,

Maraimalai Nagar, Behind Bus Stop,

Maraimalai,

Chennai – 603 209.                                                             … Appellant / Complainant.                                                            

                                                                       

                                                         Vs.

1. The Managing Director,

Big Bazaar Private Limited,

New No.45/47, Old No.17/18,

Arcot Road,

Saligramam,

Chennai – 600 093.     

 

2. The Managing Director,

Future Retail Limited,

CDC Chennai Poochiattipet Village PT,

Survey No.30, Poochiattipet Village,

Off Red Hills, Thiruvalluvar Road,

Red Hills,

Chennai – 600 052.                                            … Respondents / Opposite parties.

 

Counsel for Appellant / Complainant                :  M/s. C. Daniel

Counsel for Respondents /  Opposite parties   :  Served called absent

 

This appeal coming before us 31.03.2023 and on hearing the arguments of appellant 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, Chennai (South) made in C.C. No.307/2019, dated 25.08.2022, has dismissed the complaint for non-appearance and for non- filing of proof affidavit of the complainant for a long time.

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

            (i) To refund entire sum of Rs.79,592.18/- paid by the complainant;

           (ii) To pay the compensation of Rs.5,00,000/- towards damages for unfair trade practice and deficiency in service and mental agony with cost of Rs.5,000/- to the complainant.

 

3.         In the said complaint, proof affidavit of the complainant has not been filed for a long time to prove the allegations made in the complaint inspite of sufficient opportunities that were given to him.    Finally, when the matter came up on 25.08.2022, the complaint was dismissed for not filing of proof affidavit as well as for non-appearance of the complainant.    Against which, the present appeal has been filed.

4.         Though the conduct of the appellant exhibits the lethargic attitude, when the case had come up for hearing on 28.03.2023 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 be payable to the Legal Aid Account, SCDRC drawn in favour of the Registrar, S.C.D.R.C., Chennai on or before 30.03.2023.  

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, Chennai (South) in C.C. No.307/2019 dt. 25.08.2022 is set aside and the matter is remitted back to the District Commission, Chennai (South) with a direction to restore the complaint on their file.   The District Commission, Chennai (South) is further directed to issue fresh notice to the parties by fixing a fresh date of hearing and on their appearance proceed with the case in accordance with law. 

            In the result, the appeal is allowed by setting aside the order of the District Commission, Chennai (South) in C.C. No.307/2019 dt.25.08.2022, and the DCDRC, Chennai (South) is directed to restore the compliant on the file for fresh disposal.

The District Commission, Chennai (South) 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.