Tamil Nadu

StateCommission

A/770/2023

UCHHEBA DEVI KARNAWAT - Complainant(s)

Versus

THE SENIOR MANAGER - Opp.Party(s)

V ANNALAKSHMI

31 Oct 2023

ORDER

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

 

BEFORE :                  Hon’ble Justice R. SUBBIAH                                        PRESIDENT

                      

F.A. No.770/2023

 

(Against Order dt.25.04.2023 in  C.C. No.301/2019 on the file of the

DCDRC, Chennai (South))

 

DATED THIS THE 31^ST DAY OF OCTOBER 2023

 

Mrs. Uchheba Devi Karnawat,

Proprietor,

M/s. Karnawat & Co.,

No.83, Audiappa Naicken Street,

Sowcarpet,

Chennai – 600 079.                                                                    … Appellant / Complainant.                                                            

                                                                       

-Versus-

 

1. The Senior Manager,

Indian Overseas Bank,

Wall Tax Road Branch,

No.14, Ramanan Street,

Opp. to  Elephant Gate Police Street,

Chennai – 600 079.

 

2. Indian Overseas Bank,

No.763, Mount Road,

Anna Salai,

Chennai – 600 001,

Tamil Nadu.                                                       … Respondents / Opposite parties 1 & 2.

 

Counsel for Appellant / Complainant                        : M/s. V. Annalakshmi

 

Counsel for Respondents / Opposite parties 1 & 2  : M/s. A. Sermaraj

 

 

This appeal coming before this Commission on 31.10.2023 and on hearing the arguments of the 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.301/2019, dated 25.04.2023, whereby, the District Commission, Chennai (South) has dismissed the complaint for non-filing of proof affidavit.

 

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

            (i) To direct the opposite parties 1 & 2 to refund a sum of Rs.2,50,000/- debited from the complainant’s SB A/c together with interest from 18.08.2018 to till date;

            (ii) To pay a sum of Rs.3,00,000/- towards compensation for mental agony, untold hardship, deficiency in service and unfair trade practice and loss of reputation in her business;

 (iii) To pay a sum of Rs.5,000/- towards litigation expenses.

 

3.         In the said complaint, proof affidavit and documents of the complainant has not been filed to prove the allegations made in the complaint.   But the complaint was dismissed for non-prosecution on 25.04.2023 since, the complainant had not appeared before the District Commission for marking of documents.    Hence, the present appeal was filed by the complainant to set aside the order of dismissal in order to provide an opportunity to the complainant  to contest the case on merits.

 

4.         Though the conduct of the appellant exhibits the lethargic attitude, when the case had come up for hearing on 27.10.2023 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.1,000/- to be payable to the Legal Aid Account, SCDRC drawn in favour of the Registrar, SCDRC, Chennai on or before 31.10.2023.  

 

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.301/2019 dt. 25.04.2023 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 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, Chennai (South) in C.C. No.301/2019 dt.25.04.2023 and the DCDRC, Chennai (South) is directed to restore the complaint 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. SUBBIAH

                                                                                                                         PRESIDENT

 

KIR/TNSCDRC, Chennai/Orders/ October 2023