Tamil Nadu

StateCommission

RP/12/2023

Kareem Basha, DTDC Courier and Carriage Cargo International Ltd., & Anr. - Complainant(s)

Versus

K.Guruprasanth, S/o G.Krishnamurthy - Opp.Party(s)

M/s S.Aswini

08 Mar 2023

ORDER

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

 

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

             Thiru.R VENKATESAPERUMAL        … MEMBER

 

Revision Petition No.12 of 2023

 

(Against the Order dated 03.11.2021 passed in C.C. No.70/2021 on the file of the DCDRC, Chennai (North))

 

                                                     Orders, dated:08.03.2023

 

1. DTDC Courier and Carriage Cargo International Ltd.,

Represented by its Partner,

Mr. H. Kareem Basha,

No.32/53, Senni Amman Koil Street,

Ground Floor, (Near Agasthiya Apartment),

Tondiarpet,

Chennai – 600 081.   

 

2. M/s. DTDC Express Limited,

Represented by its Manager,

Corporate Office,

No.3, Victoria Road,

Bangalore – 560 047.       … Revision Petitioners / Opposite parties.

 

- Versus –

K. Guruprasanth,

S/o. Mr. G. Krishnamurthy,

No.20, M.C.M. Garden III Lane,

Washermanpet,

Chennai – 600 021.                      … Respondent /Complainant. 

 

For Revision Petitioners / Opposite parties : M/s. S. Aswini

For Respondent /Complainant                   : M/s. G. Krishnamurthy

     This Revision Petition is listed today and, after hearing the arguments of the counsel for both parties 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 03.11.2021 passed by the DCDRC, Chennai (North) in C.C. No.70/2021, whereby, the District Commission has set the Revision Petitioners herein/ Opposite parties exparte for non-appearance evenafter receipt of notice and consequently, adjourned the Case to 16.12.2021 for filing proof affidavit of the complainant.

2.     Heard the Counsel for both parties.

3.   This Revision Petitioners herein/ Opposite parties was set exparte for non-appearance evenafter receipt of notice.  When the matter had come up before this Commission, the Learned Counsel for the Revision Petitioners herein/ Opposite parties submitted that due to the COVID – 19 pandemic lockdown, their office remained closed for the period from 23.03.2020 to 31.10.2020 and they were working only partially in order to cater to essential services.  Their office was unable to appoint a counsel to represent them in the said consumer complaint and after reopening of the Courts, the Revision Petitioners herein/ Opposite parties were set exparte on 03.11.2021.  Thus, they pray for setting aside the exparte order dated:03.11.2021.   When that being the position, we are of the opinion that keeping the Revision Petition filed by the opposite parties pending will further delay the matter.  Since the reasons assigned by the opposite parties seem to be bonafide and also, in the interests of justice, we are inclined to allow this Revision Petition by setting aside the impugned order.  Hence, we are inclined to pass the following order:

4.    In the result, the Revision Petition is allowed and the impugned order, dated 03.11.2021, passed in C.C. No.70/2021 by the DCDRC, Chennai (North) in setting the Revision Petitioners herein/ Opposite parties exparte is set aside, and the opposite parties shall file their Vakalath, Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.70/2021 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 VENKATESAPERUMAL                                              R.SUBBIAH, J.

MEMBER                                                                       PRESIDENT.

 

KIR/TNSCDRC/Chennai/Orders/March /2023.