State Consumer Disputes Redressal Commission
M/S. Navaladian Agencies vs M.Senthilkumar on 27 November, 2008
BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present Hon'ble Thiru Justice N. KANNADASAN, PRESIDENT THIRU Pon. GUNASEKARAN B.A.,B.L., MEMBER I DATED THIS THE 27th DAY OF NOVEMBER - 2008 F.A.NO.838/2008 (Against the order in C.O.P. No.1/2006 on the file of the DCDRF,Karur ) M/s. Navaladian Agencies, :::Appellant/Opp.party-3. Dealer of Bajaj Auto Limited, Rep. by Adv. M/s. No.58, Salem Bye-Pass Road, S.R.Rajagopal, S.R.Raghunathan Karur. P.Ramachandran & G.Saibaba. .. Vs.. 1. M.Senthilkumar, :::Respondent-1/Complainant. S/o Marudhai, Sengal North, Krishnarayapuram Taluk, Karur Dist. 2. M/s. Bajaj Auto Finance Ltd., Authorized Representative Navaladian Agencies, No.56, Salem Bye-Pass Road, Karur. 3. M/s. Bajaj Auto Finance Ltd., :::Respondents 2 & 3/Opposite Mumbai Pune Road, parties 1 & 2. Akurdi, Pune 411 035. O R D E R
N. KANNADASAN J. { Open Court}
1. The appellant is the 3rd opposite party and the first respondent is the complainant and the respondents 2 & 3 are the opposite parties 1 & 2 before the District Forum.
2. The main ground raised in the above appeal is to the effect that even though the appellant is not served, they are set exparte and accordingly prayed that the order of the District Forum is liable to be set aside.
3. Even though, notice was ordered as against the respondent in the petition to condone the delay for the above appeal, the respondents have not appeared in spite of the fact that the service is completed. Hence, in order to avoid further delay in the matter, we are inclined to allow the appeal, subject to the conditions as set out herein.
4. Accordingly, the Appeal is allowed subject to the condition that the Appellant shall pay a sum of Rs.500/- towards the cost by way of Demand Draft to the credit of the State Commission within a period of two weeks from today, and on such deposit the order of the District Forum is set aside and the complaint is restored on file. The appellant shall serve the notice to the opposite parties/respondents herein and to file a Memo on 24.12.2008 before the District Forum and thereafter, the District Forum shall dispose of the complaint within a period of three weeks from the said date. During the pendency of the complaint before the District Forum, the Mandatory Deposit of Rs.5500/- which was already paid by the Appellant before this Commission and the disbursement of the said amount shall await the outcome of the complaint before the District Forum.
PON GUNASEKARAN N. KANNADASAN MEMBER-I PRESIDENT INDEX : YES / NO Sv//d/nkj/