Tamil Nadu

StateCommission

A/66/2023

M/s. Almaa Traders, Rep. by its Partner Mr. Azeez Z.M - Complainant(s)

Versus

The Oriental Insurance Co. P. Ltd., Rep. by the Manager & Anr. - Opp.Party(s)

M/s. R. Vijayaraghavan

28 Apr 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.66/2023

 

(Against the Order in C.C. Sr. No.192/2020 dt.26.10.2022 on the file of the

DCDRC, Chennai (North))

 

DATED THIS THE 28^TH DAY OF APRIL 2023

 

M/s. Almaa Trader,

Represented by its Partner,

Mr. Azeez. Z.M.,

No.1, Ghose Mohideenpet Road,

Royapuram,

Chennai – 600 013.                                             … Appellant / Petitioner / Complainant.                                                            

 

- Versus –

 

1. The Oriental Insurance Co. Pvt. Ltd.,

Represented by its Manager,

Oriental House, First Floor,

No.216/115, Praksam Salai,

Broadway,

Chennai – 600 178.

 

2. Balmer Lawrie & Co. Ltd.,

Represented by its Director,

Container Freight Station,

No.32, Thiruvottiyur High Road,

Manali,

Chennai – 600 068.                           … Respondents / Respondents / Opposite parties.

 

Counsel for Appellant / Petitioner / Complainant :  M/s. R. Vijayaraghaven

Counsel for 1^st Respondent / 1^st Respondent /

 1^st Opposite party                                               :  M/s. Nageswaran & Narichania

Counsel for 2^nd Respondent /  2^nd Respondent /

2^nd Opposite party                                               :  M/s. Fox Mandal & Associates

This appeal coming before us 28.04.2023 and on hearing the arguments of both appellant and 1^st respondent 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 / Petitioner / Complainant against the order of the District Commission, Chennai (North) made in C.C. SR. No.192/2020 dated 26.10.2022, dismissing the CMP No.02/2021 for non-payment of cost inspite of sufficient opportunities given to him.

 

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

            (i) To pay a sum of Rs.14,56,000/- towards the financial loss;

          (ii)  To pay a sum of Rs.1,00,000/- towards compensation for mental agony, harassment suffered by the complainant;

        (iii) To pay the cost of the proceedings.

 

 

3.         The complainant has filed the complaint with a delay of 365 days before the District Consumer Disputes Redressal Commission, Chennai (North).   Due to the delay in filing the complaint, he had filed a CMP No.02/2021 before the District Commission to condone the delay of 365 days in filing the complaint.   The District Commission has passed a conditional order dt. 13.09.2022 in the said petition stating that on payment of Rs.500/- to each of the respondents on or before 10.10.2022 the delay would be condoned.    But the petitioner / complainant has not complied with the conditional order and hence, the petition was dismissed and the complaint was also rejected in the SR stage.  Against which, the present appeal has been preferred by the Appellant / Petitioner / Complainant.

 

4.         Though the conduct of the appellant exhibits the lethargic attitude, when this appeal had come up for hearing on 28.04.2023 in order to provide an opportunity to the Appellant / Petitioner / 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, S.C.D.R.C., Chennai.  

 

5.         The Counsel for appellant has also complied with the said condition by paying a sum of Rs.3,000/- to the Legal Aid Account in favour of the Registrar, SCDRC, Chennai.   Hence, the order of the District Commission, Chennai (North) in C.C. Sr. No.192/2020 is set aside and the matter is remitted back to the District Commission, Chennai (North) with a direction to restore the complaint on their file.   The District Commission, Chennai (North) 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 and dispose of the same in accordance with law. 

 

            In the result, the appeal is allowed by setting aside the order of the District Commission, Chennai (North) in C.C. Sr. No.192/2020 dt.26.10.2022 and the District Commission, Chennai (North) is directed to restore the compliant on the file for fresh disposal.

The District Commission, Chennai (North) 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/April /2023.