State Consumer Disputes Redressal Commission
The Manager,Aarthi Finance, ... vs A.Govindaraj. Rajapalayam. & Another on 14 September, 2022
1
IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, MADURAI.
Present: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER
F.A.No.09/2016
(Against the order made in C.C.No.23/2015 dated 24.11.2015 on the file of the District
Forum, Virudhunagar District @ Srivilliputhur.)
WEDNESDAY, THE 14th DAY OF SEPTEMBER 2022
The Manager,
M/s.Aarthi Finance,
406/1A, Thenkasi Road,
Rajapalayam,
Virudhunagar District. Appellant/Opposite Party
-Vs-
1. A.Govindaraj,
S/o Alagirisamy,
1/87A, Ambedkar Nagar,
Rajapalayam,
Virudhunagar District. 1st Respondent/1st Complainant
2. M.S.Sethuramaraja,
President,
Virudhunagar District Consumer Centre,
36/1, Railway Feeder Road,
Rajapalayam, Virudhunagar District. 2nd Respondent/2nd Complainant
Counsel for the Appellant/Opposite party : Mr.R.Rajkumar, Advocate.
Counsel for the Respondents-1&2/Complainants-1&2 : Served Called Absent.
This appeal coming before me for final hearing on 07.09.2022 and upon
perusing the material records, this Commission made the following:-
ORDER
2 THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER.
1. The Appellant/opposite party counsel heard.
2. The appellant who filed this appeal before this Commission is the opposite party before the District Forum, contended that the District Forum has passed an ex- parte award since the appellant/opposite party appeared before the District Forum failed to file version and participate in the proceedings.
3. On perusal of the details of the award, in para 2, the District Forum recorded that even though the opposite party have appeared in the initial stage through their counsel, in spite of many hearing dates given the opposite party has not filled any counter/written version and hence the opposite party is called absent and set ex-parte.
4. Even though the respondent/complainant served with notice, he was called absent.
5. Having considered the facts and circumstances of the case, I am of the view that the appellant should be given a chance to defend their case before the District Forum by remanding back the matter to the District Forum Virudhunagar District @ Srivilliputhur.
6. In the result, the appeal is allowed by setting aside the order of the learned District Consumer Disputes Redressal Forum, Virudhunagar District @ Srivilliputhur made in C.C.No.23/2015, dated 24.11.2015 and the complaint is remanded back to the District Forum, Virudhunagar District @ Srivilliputhur for fresh enquiry disposal on merit basis after hearing both sides.
3
Both parties shall appear before the District Forum Virudhunagar District @ Srivilliputhur on 17.10.2022 the appellant/opposite party shall file their written version, proof affidavit, written arguments and documents if any on that date itself. The District Forum shall proceed with the enquiry and dispose of the complaint on merits after hearing both sides as far as possible from the date of appearance of both parties, as per law.
Dictated to the Steno-typist transcribed and typed by her corrected and pronounced by me on this the 14th day of September 2022.
Sd/-xxxxxxxxxxxx N. RAJASEKAR, PRESIDING JUDICIAL MEMBER.
4