Tamil Nadu

StateCommission

A/160/2017

Ramaniyam Real Estates (P) Ltd., Rep by its Managing Director - Complainant(s)

Versus

Vidya Nagarajan & anr - Opp.Party(s)

S.Sundaresan-Applt

21 Dec 2021

ORDER

,BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI – 600 003.

BEFORE         Hon’ble Thiru. Justice R.SUBBIAH                             PRESIDENT

                         Tmt. Dr. S. M. LATHA MAHESWARI                           MEMBER

 

F.A. No.160 / 2017

(Against the order in C.C. No.461/2010, dated:10.01.2017 on the file of

D.C.D.R.C.,Chennai (South))

                         DATED THE 21st  DAY OF DECEMBER 2021

 

 

Ramaniyam Real Estates (P) Ltd.,

Represented by its Managing Director

Mr. V. Jaganathan,

No.21, 2nd Main Road,

Gandhi Nagar,

Adyar,

Chennai – 600 020.                                                            .. Appellant / Opposite party.

-Versus-

1. Vidya Nagarajan,

Flat No.9 D, Block No.2,

Door No.72/1, L.B. Road,

Sanjivini Apartments,

Thiruvanmiyur,

Chennai – 600 041.

 

2. B. Viswakumar,

2062, Sobha Primrose Apartment,

Sardarj Road,

Outer Ring Road,

Belellabur,

Bangalore – 560 013.                                                     .. Respondents  / Complainants.

 

 

Counsel for the Appellant / Opposite party        : M/s. S. Sundaresan

1st Respondent  / 1st Complainant                     : Served called absent

2nd Respondent  / 2nd Complainant                    :

 

          This appeal coming up before us on 21.12.2021 for appearance of appellant and for steps to paper publication to the 2nd respondent in one issue of vernacular daily in Bangalore edition or for dismissal of appeal as against the 2nd respondent and this Commission made the following order in open court:                                                                                                

 

Docket order

 

No representation for both.  This appeal is posted today for appearance of Appellant for steps through paper publication to 2nd Respondent in one issue of Vernacular daily in Bangalore edition or for dismissal as against R2.

Fresh Notice to respondents was not taken by the appellant for several adjournments. On 15.10.2019, the appellant present and Fresh Notice sent to the 2nd respondent through Court.   But cover returned as ‘Party left’.  Hence, on 02.03.2020, the appellant is directed to take steps through substituted service by way of paper publication for the 2nd respondent in any one of the Vernacular daily circulating in Bangalore.

But till date, the appellant has not taken steps through substituted service. Today, when the matter was called at 10.45 A.M., the Appellant was not present hence,  passed over and  called again at 12.15 P.M., then also, the Appellant has not appeared.  Hence keeping the appeal  pending is of no use as appellant is not interested in prosecuting the case.

Hence, the appeal is dismissed for default.  No order as to costs.

               

                  

 

             Sd                                                                                         Sd/                                                                        

S.M.LATHAMAHESWARI                                                                            R.SUBBIAH                        

           MEMBER                                                                                           PRESIDENT

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