Kerala High Court
Ntc Nidhi Ltd vs Shaj B on 11 June, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
OP(C) NO. 2277 OF 2023
AGAINST THE ORDER DATED 11.08.2023 IN IA 447/2023 IN CC
NO.120 OF 2023 OF DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION, PALAKKAD
PETITIONER/OPPOSITE PARTY:
NTC NIDHI LTD
AGED 45 YEARS
NEMMARA BRANCH, NEMMARA P.O. REPRESENTED BY ITS
BRANCH MANAGER SMT. SARITHA M. W/O.M.V.SREEDHARAN,
PIN - 678508
BY ADV JOHN JOSEPH(ROY)
RESPONDENT/COMPLAINANT:
THISHYA REKSHIT KRISHNA S
S/O. SHAJ B. , NEDUNGODU HOUSE, KILIYALLOORE,
CHERAMANGALAM, ALATHUR TALUK, PALAKAD DISTRICT.,
PIN - 678703
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, ALONG WITH OP(C).2444/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).No.2277/2023 & Con.cases
-:2:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
OP(C) NO. 2444 OF 2023
AGAINST THE ORDER DATED 11.08.2023 IN IA 454/23 IN CC
NO.116 OF 2023 OF DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION, PALAKKAD
PETITIONER/OPPOSITE PARTY:
NTC NIDHI LTD
AGED 54 YEARS
NEMMARA BRANCH, NEMMARA P.O. .REPRESENTED BY ITS
BRANCH MANAGER SMT. SARITHA M. W/O.M.V.SREEDHARAN,
PIN - 678508
BY ADV JOHN JOSEPH(ROY)
RESPONDENT/COMPLAINANT:
SHAJ B.
S/O. BALAKRISHNAN , NEDUNGODU HOUSE, KILIYALLOORE,
CHERAMANGALAM, ALATHUR TALUK, PALAKAD DISTRICT,
PIN - 678703
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, ALONG WITH OP(C).2277/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).No.2277/2023 & Con.cases
-:3:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
OP(C) NO. 2486 OF 2023
AGAINST THE ORDER IN IA 455/23 DATED 11.08.2023 IN CC
NO.118 OF 2023 OF DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION, PALAKKAD
PETITIONER/OPPOSITE PARTY:
NTC NIDHI LTD
NEMMARA BRANCH, NEMMARA P.O. PIN - 678508
.REPRESENTED BY ITS BRANCH MANAGER SMT. SARITHA
M., PIN - 678508
BY ADV JOHN JOSEPH(ROY)
RESPONDENT/COMPLAINANT:
RAJULA C
W/O. SHAJ B. NEDUNGODU HOUSE, KILIYALLOORE,
CHERAMANGALAM, ALATHUR TALUK, PALAKAD DISTRICT,
PIN - 678703
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, ALONG WITH OP(C).2277/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).No.2277/2023 & Con.cases
-:4:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
OP(C) NO. 2541 OF 2023
AGAINST THE ORDER IN IA 450/23 DATED 11.08.2023 IN CC
NO.114 OF 2023 OF DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION, PALAKKAD
PETITIONER/OPPOSITE PARTY:
NTC NIDHI LTD
NEMMARA BRANCH, NEMMARA P.O. REPRESENTED BY ITS
BRANCH MANAGER SMT. SARITHA M., PIN - 678508
BY ADV JOHN JOSEPH(ROY)
RESPONDENT/COMPLAINANT:
THISHYA REKSHIT KRISHNA S.
S/O. SHAJ B. , NEDUNGODU HOUSE, KILIYALLOORE,
CHERAMANGALAM, ALATHUR TALUK, PALAKAD DISTRICT.,
PIN - 678703
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, ALONG WITH OP(C).2277/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).No.2277/2023 & Con.cases
-:5:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
OP(C) NO. 2543 OF 2023
AGAINST THE ORDERIN IA 453/23 DATED 11.08.2023 IN CC NO.122
OF 2023 OF DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
PALAKKAD
PETITIONER/OPPOSITE PARTY:
NTC NIDHI LTD, NEMMARA BRANCH, NEMMARA P.O.
REPRESENTED BY ITS BRANCH MANAGER SMT. SARITHA M.,
PIN - 678508
BY ADV JOHN JOSEPH(ROY)
RESPONDENT/COMPLAINANT:
THISHYA REKSHIT KRISHNA S
S/O. SHAJ B. , NEDUNGODU HOUSE, KILIYALLOORE,
CHERAMANGALAM, ALATHUR TALUK, PALAKAD DISTRICT,
PIN - 678703
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, ALONG WITH OP(C).2277/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).No.2277/2023 & Con.cases
-:6:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
OP(C) NO. 2566 OF 2023
AGAINST THE ORDER IN IA 449/23 DATED 11.08.2023 IN CC
NO.115 OF 2023 OF DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION, PALAKKAD
PETITIONER/OPPOSITE PARTY:
NTC NIDHI LTD, NEMMARA BRANCH, NEMMARA P.O.
.REPRESENTED BY ITS BRANCH MANAGER SMT. SARITHA
M., PIN - 678508
BY ADV JOHN JOSEPH(ROY)
RESPONDENT/COMPLAINANT:
SHAJ B
S/O. BALAKRISHNAN , NEDUNGODU HOUSE, KILIYALLOORE,
CHERAMANGALAM, ALATHUR TALUK, PALAKAD DISTRICT.,
PIN - 678703
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, ALONG WITH OP(C).2277/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).No.2277/2023 & Con.cases
-:7:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
OP(C) NO. 2597 OF 2023
AGAINST THE ORDER IN IA 452/23 DATED 11.08.2023 IN CC
NO.117 OF 2023 OF DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION, PALAKKAD
PETITIONER/OPPOSITE PARTY:
NTC NIDHI LTD
NEMMARA BRANCH, NEMMARA P.O. .REPRESENTED BY ITS
BRANCH MANAGER SMT. SARITHA M., PIN - 678508
BY ADV JOHN JOSEPH(ROY)
RESPONDENT/COMPLAINANT:
SHAJ B.
S/O. BALAKRISHNAN , NEDUNGODU HOUSE, KILIYALLOORE,
CHERAMANGALAM, ALATHUR TALUK, PALAKAD DISTRICT,
PIN - 678703
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, ALONG WITH OP(C).2277/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).No.2277/2023 & Con.cases
-:8:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
OP(C) NO. 2574 OF 2023
AGAINST THE ORDER IN IA 451/23 DATED 11.08.2023 IN CC
NO.119 OF 2023 OF DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION, PALAKKAD
PETITIONER/OPPOSITE PARTY:
NTC NIDHI LTD
NEMMARA BRANCH, NEMMARA P.O. .REPRESENTED BY ITS
BRANCH MANAGER SMT. SARITHA M., PIN - 678508
BY ADV JOHN JOSEPH(ROY)
RESPONDENT/COMPLAINANT:
SHAJ B
S/O. BALAKRISHNAN , NEDUNGODU HOUSE, KILIYALLOORE,
CHERAMANGALAM, ALATHUR TALUK, PALAKAD DISTRICT,
PIN - 678703
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, ALONG WITH OP(C).2277/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).No.2277/2023 & Con.cases
-:9:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
OP(C) NO. 2586 OF 2023
AGAINST THE ORDER IN IA 448/23 DATED 11.08.2023 IN CC
NO.121 OF 2023 OF DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION, PALAKKAD
PETITIONER/OPPOSITE PARTY:
NTC NIDHI LTD, NEMMARA BRANCH, NEMMARA P.O.
.REPRESENTED BY ITS BRANCH MANAGER SMT. SARITHA
M., PIN - 678508
BY ADV JOHN JOSEPH(ROY)
RESPONDENT/COMPLAINANT:
RAJULA C.
W/O. SHAJ B. NEDUNGODU HOUSE, KILIYALLOORE,
CHERAMANGALAM, ALATHUR TALUK, PALAKAD DISTRICT.,
PIN - 678703
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, ALONG WITH OP(C).2277/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).No.2277/2023 & Con.cases
-:10:-
JUDGMENT
[OP(C) Nos.2277/2023, 2444/2023, 2486/2023, 2541/2023,
2543/2023, 2566/2023, 2597/2023, 2574/2023 & 2586/2023]
All these original petitions are connected and hence I am
disposing of them together.
2. The challenge in all these original petitions is against
the orders passed by the District Consumer Disputes Redressal
Commission, Palakkad (DCDRC) dismissing the applications filed
by the petitioner herein to set aside ex-parte orders.
3. The petitioner in all the original petitions is the
opposite party in the respective consumer complaints filed
against it by the respective respondent. The consumer
complaints were filed for compensation alleging deficiency of
service by the petitioner. The petitioner filed version in all the
cases out of time. The petitioner was to file version in all the
cases on or before 27.6.2023. But the version could be filed only
on 4.7.2023. Since the version was filed beyond the statutory
O.P.(C).No.2277/2023 & Con.cases
period, it was rejected and the petitioner was set ex-parte as
contemplated under Section 38(3)(b)(ii) of the Consumer
Protection Act. Thereafter, the petitioner filed applications in all
these cases to set aside the ex-parte orders. The DCDRC
dismissed the applications in all the cases as per the impugned
orders. It is challenging the said orders, the opposite party has
approached this Court.
4. I have heard Sri. John Joseph, the learned counsel for
the petitioner. Even though notice has been served to the
respondents there is no appearance.
5. The learned counsel for the petitioner submitted that
even in a case where the opposite party did not file version or
opposite party was set ex-parte, still he/she has the right to
take part in the proceedings and to cross examine the
respondents. Reliance is placed on the recent decision of the
Supreme Court in ARN Infrastructure India Limited V. Hara
Prasad Ghosh [2023 KLT online 1772(SC)]. The counsel further
submitted that, a party to the proceedings can only be declared
O.P.(C).No.2277/2023 & Con.cases
ex-parte, if he/she entirely fails to make any form of
representation before the court and it implies that even if a party
fails to file version, as long as they continue to represent their
case in any manner, they cannot be subjected to an ex-parte
order under the statute. Reliance is also placed on the decision
of a learned Single Judge of this Court in Saint Gobian India
Pvt. Ltd V. Deepak Achuthan (2024 (3) KLT 188).
6. Coming to the facts of the case, it appears that the
petitioner all along actively participated in the proceedings before
the CDRC. It had also filed its version, though out of time. The
petitioner was declared ex-parte only for the reason that the
version was filed out of time. It is true that if the opposite party
failed to file version within time, they cannot be allowed to do so
beyond it. But at the same time for the mere reason that the
opposite party failed to file version within time, it cannot be said
that they failed to represent the case before the DCDRC. In these
circumstances, I am of the view that the impugned orders passed
by the DCDRC are not sustainable. Accordingly, they are set
aside. The applications filed by the petitioner to set aside the ex-
O.P.(C).No.2277/2023 & Con.cases
parte orders stand allowed. Since the version is not filed within
time, it may not be taken on file. But the DCDRC shall allow the
petitioner to take part in the proceedings. The DCDRC shall allow
the petitioner to adduce evidence and also to cross examine the
witnesses of the complaint and also make arguments.
The original petitions are disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
O.P.(C).No.2277/2023 & Con.cases
APPENDIX OF OP(C) 2444/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS IN C.C.NO.
116 OF 2023 OF THE CONSUMER DISPUTES
REDRESSAL COMMISSION, PALAKAD DATED 04-
07-2023
Exhibit P2 TRUE COPY OF PETITION TO SET ASIDE THE
ORDER OF EXPARTE FILED AS I.A.NO.
Exhibit P3 TRUE COPY OF THE ORDER IN I.A.NO. 454 OF
2023 DATED 11-08-2023
O.P.(C).No.2277/2023 & Con.cases
APPENDIX OF OP(C) 2486/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS IN C.C.NO.
118 OF 2023 OF THE CONSUMER DISPUTES
REDRESSAL COMMISSION, PALAKAD DATED 04-
07-2023
Exhibit P2 TRUE COPY OF THE INTERLOCUTORY
APPLICATION TO SET ASIDE THE EXPARTE
ORDER FILED AS I.A.NO. 455/2023
Exhibit P3 TRUE COPY OF THE ORDER IN I.A.NO. 455 OF
2023 DATED 11-08-2023
O.P.(C).No.2277/2023 & Con.cases
APPENDIX OF OP(C) 2541/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS IN C.C.NO.
114 OF 2023 OF THE CONSUMER DISPUTES
REDRESSAL COMMISSION, PALAKAD DATED 04-
07-2023
Exhibit P2 TRUE COPY OF THE INTERLOCUTORY
APPLICATION TO SET ASIDE THE EXPARTE
ORDER FILED AS I.A.NO. 450/2023 IN
C.C.NO. 114 OF 2023
Exhibit P3 TRUE COPY OF THE ORDER IN I.A.NO. 450 OF
2023 DATED 11-08-2023 IN C.C.NO. 114 OF
Exhibit P4 TRUE COPY OF THE ORDER DATED 25-10-2023
IN O.P. ( C ) NO.2277 OF 2023
O.P.(C).No.2277/2023 & Con.cases
APPENDIX OF OP(C) 2543/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS IN C.C.NO.
122 OF 2023 OF THE CONSUMER DISPUTES
REDRESSAL COMMISSION, PALAKAD DATED 04-
07-2023
Exhibit P2 TRUE COPY OF THE PETITION TO SET ASIDE
THE ORDER OF EXPARTE WAS FILED AS
Exhibit P3 TRUE COPY OF THE ORDER IN I.A.NO. 453 OF
2023 DATED 11-08-2023
Exhibit P4 TRUE COPY OF THE ORDER DATED 25-10-2023
IN O.P. ( C ) NO.2277 OF 2023
O.P.(C).No.2277/2023 & Con.cases
APPENDIX OF OP(C) 2566/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS IN C.C.NO.
115 OF 2023 OF THE CONSUMER DISPUTES
REDRESSAL COMMISSION, PALAKAD DATED 04-
07-2023
Exhibit P2 TRUE COPY OF THE INTERLOCUTORY
APPLICATION TO SET ASIDE THE EXPARTE
ORDER FILED AS I.A.NO. 449/2023 IN C.C
NO. 115 OF 2023
Exhibit P3 TRUE COPY OF THE ORDER IN I.A.NO. 449 OF
2023 DATED 11-08-2023 IN C.C NO. 115 OF
Exhibit P4 TRUE COPY OF THE ORDER DATED 09-11-2023
IN O.P. ( C ) NO.2444 OF 2023
O.P.(C).No.2277/2023 & Con.cases
APPENDIX OF OP(C) 2597/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS IN C.C.NO.
117 OF 2023 OF THE CONSUMER DISPUTES
REDRESSAL COMMISSION, PALAKAD DATED 04-
07-2023
Exhibit P2 TRUE COPY OF THE INTERLOCUTORY
APPLICATION TO SET ASIDE THE EXPARTE
ORDER FILED AS I.A.NO. 452/2023 IN
C.C.NO. 117 OF 2023
Exhibit P3 TRUE COPY OF THE ORDER IN I.A.NO. 452 OF
2023 DATED 11-08-2023 IN C.C.NO. 117 OF
Exhibit P4 TRUE COPY OF THE ORDER DATED 09-11-2023
IN O.P. ( C ) NO.2444 OF 2023
O.P.(C).No.2277/2023 & Con.cases
APPENDIX OF OP(C) 2574/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS IN C.C.NO.
119 OF 2023 OF THE CONSUMER DISPUTES
REDRESSAL COMMISSION, PALAKAD DATED 04-
07-2023
Exhibit P2 TRUE COPY OF THE INTERLOCUTORY
APPLICATION TO SET ASIDE THE EXPARTE
ORDER FILED AS I.A.NO. 451/2023 IN
C.C.NO. 119 OF 2023
Exhibit P3 TRUE COPY OF THE ORDER IN I.A.NO. 451 OF
2023 DATED 11-08-2023 IN C.C.NO. 119 OF
Exhibit P4 TRUE COPY OF THE ORDER DATED 09-11-2023
IN O.P. ( C ) NO.2444 OF 2023
O.P.(C).No.2277/2023 & Con.cases
APPENDIX OF OP(C) 2586/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS IN C.C.NO.
121 OF 2023 OF THE CONSUMER DISPUTES
REDRESSAL COMMISSION, PALAKAD DATED 04-
07-2023
Exhibit 2 TRUE COPY OF THE INTERLOCUTORY
APPLICATION TO SET ASIDE THE EXPARTE
ORDER FILED AS I.A.NO. 448/2023 IN
C.C.NO. 121 OF 2023
Exhibit P3 TRUE COPY OF THE ORDER IN I.A.NO. 448 OF
2023 DATED 11-08-2023 IN C.C.NO. 121 OF
Exhibit 4 TRUE COPY OF THE ORDER DATED 15-11-2023
IN O.P. ( C ) NO.2486 OF 2023
O.P.(C).No.2277/2023 & Con.cases
APPENDIX OF OP(C) 2277/2023
PETITIONER EXHIBITS
Exhibit P 1 TRUE COPY OF THE PROCEEDINGS IN C.C.NO.
120 OF 2023 OF THE CONSUMER DISPUTES
REDRESSAL COMMISSION, PALAKAD DATED 04-
07-2023
Exhibit P 2 TRUE COPY OF THE INTERLOCUTORY
APPLICATION TO SET ASIDE THE EXPARTE
ORDER FILED AS I.A. NO. 447/2023
Exhibit P 3 TRUE COPY OF THE ORDER IN I.A.NO. 447 OF
2023 DATED 11-08-2023
