State Consumer Disputes Redressal Commission
The Branch Manager, Hdfc Bank Ltd., vs Balasubramaniam on 30 August, 2023
Daily Order IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI - 3. Present: Hon'ble Thiru. Justice R. SUBBIAH ... PRESIDENT Revision Petition No.100 of 2023 (Against the Order dated 05.08.2022 passed in C.C. No.21/2018 on the file of the DCDRC, Perambalur) Orders, dated:30.08.2023 The Branch Manager, HDFC Bank Limited, No.11 - PLA Towers, Thillai Nagar, Tiruchirapalli - 18. ... Revision Petitioner /1st Opposite party. - Versus - 1. Balasubramanian, S/o. Mr. Pichaipillai, Othiyam Village, Kunnam Taluk, Perambalur District. ... 1st Respondent /Complainant. 2. Selvaraj Mahendra Sangam Motors Former Manager, Swaraj Tractor Manager, Ariyalur Road, Perambalur. ... 2nd Respondent / 2nd Opposite party. For Revision Petitioner /1st Opposite party : M/s. Deepa Hari Govind For Respondents 1 & 2 : M/s. C. Parthiban This Revision Petition is listed today and, after hearing the arguments of the counsel for both parties 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: 05.08.2022 passed by the DCDRC, Perambalur in C.C. No.21/2018, whereby, the District Commission has set the Revision Petitioner herein/ 1st Opposite party exparte for non-filing of written version and consequently, adjourned the case to 02.09.2022 for taking private notice to the 2nd opposite party.
2. Heard both parties.
3. The Revision Petitioner herein/ 1st Opposite party were set exparte for non-filing of written version before the District Commission. When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioner herein/ 1st Opposite party stated that since the staffs of the Revision Petitioner / 1st opposite party were affected by corona virus, they were not in a position to file written version before the District Commission. Therefore, the 1st opposite party was set exparte on 05.08.2022. Hence, he prays for setting aside the exparte order dated:05.08.2022. When that being the position, we are of the opinion that keeping the Revision Petition filed by the 1st opposite party pending will further delay the matter. Irrespective of the reason assigned by the Revision Petitioner, we are of the opinion that in the interest of justice, this Revision Petition could be allowed by setting aside the impugned order so that the Revision Petitioner / 1st opposite party will have a chance of conducting the case on merits.
4. In the result, the Revision Petition is allowed and the impugned order, dated 05.08.2022 passed in C.C. No.21/2018 by the DCDRC, Perambalur in setting the Revision Petitioner / 1st Opposite party exparte is set aside, and the 1st Opposite party shall file their Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.21/2018 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/August/2023.