Tamil Nadu

StateCommission

RP/131/2023

P GOPALAKRISHNAN - Complainant(s)

Versus

TMT MAHASHREE - Opp.Party(s)

RAKSHANA VELAYUDHAN

23 Nov 2023

ORDER

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI - 3.

 

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

    

Revision Petition No.131 of 2023

 

(Against the Order dated 18.11.2022 passed in C.C. No.125/2022 on the file of the DCDRC, Coimbatore)

 

                                                     Orders, dated:23.11.2023

 

P. Gopalakrishnan,

S/o. Mr. Palaniswami,

Proprietor,

M/s. Green Nest Properties,

Door No.1, Annai Indira Nagar,

4^th Street, Madhukarai,

Coimbatore.                        … Revision Petitioner / Opposite party.

 

- Versus –

Tmt. Mahashree,

W/o. Mr. Rajasekaran,

No.24, Ganapathy Garden,

Thoppampatti,

Coimbatore.                                     … Respondent /Complainant. 

 

For Rev. Petitioner / Opposite party: M/s. P. Rakshana Velayudhan

 

Respondent /Complainant              : Notice served 

  

 

     This Revision Petition is listed today and, after hearing the arguments of the counsel for the Revision Petitioner and upon perusing the materials on record, this Commission passes the following:-

 

O R D E R

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

 

                This Revision Petition is filed against the Order, dated 18.11.2022 passed by the DCDRC, Coimbatore in C.C. No.125/2022, whereby, the District Commission has set the Revision Petitioner herein/  Opposite party exparte for non-filing of Vakalath and written version and consequently, adjourned the Case to 16.12.2022 for filing proof affidavit of the complainant.

2.     Heard the Revision Petitioner /  Opposite party.  Though the notice was served on the respondent / complainant, there is no representation for the respondent /complainant. 

3.     This Revision Petitioner / Opposite party was set exparte for non-filing of Vakalath and written version before the District Commission.  Hence, the Revision Petition.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner herein/ Opposite Party submitted that the matter has been posted on 18.11.2022 for filing vakalath and version but the Counsel for opposite party met with an accident and hence, he was not able to file vakalat and version on that day.  Hence, the Revision Petitioner herein/ Opposite Party was set exparte on 18.11.2022.   The non-filing of written version by the Revision Petitioner / Opposite party before the District Commission is neither wilful nor wanton.   Thus, he prays before this Commission for setting aside the exparte order dated:18.11.2022.  When that being the position, we are of the opinion that keeping the Revision Petition filed by the opposite party pending will further delay the matter.   Hence, irrespective of the reasons assigned by the Revision Petitioner / Opposite party, in the interests of justice, we are inclined to allow this Revision Petition by setting aside the impugned order so that, the Revision Petitioner will have a chance of contesting the case on merits.

 

4. In the result, the Revision Petition is allowed and the impugned order, dated 18.11.2022 passed in C.C. No.125/2022 by the DCDRC, Coimbatore in setting the Revision Petitioner / Opposite party exparte is set aside, and the Opposite Party shall file his Vakalath, Written Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.125/2022 on the next date of hearing without fail, whereupon, the District Commission shall proceed with the case in accordance with law, for its early disposal.

 

 

 

                                                                                R.SUBBIAH, J.

                                                                                   PRESIDENT.

 

 KIR/TNSCDRC/Chennai/Orders/ November/2023.