DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.C.CASE NO. 446/ 2010
Rajani Kanta Swain, aged about 37 years,
S/o- Mathurananda Swain, At – Bhatamundai
PO/PS- Paradeep Lock, Dist –Jagatsinghpur
…. Complainant
-Vrs.-
- MAGMA FINCORP. LIMITED,
(Formerly known as Magma Leasing Lt d.)
At : Nirmala Plaza, A-1,Forest Park,
Bhubaneswar, Dist- Khurda, through its Branch Manager.
- MAGMA FINCORP. LIMITED,
(Formerly known as Magma Leasing Lt d.)
Regd. Office- 24, Park Street,
Kolkata-700016., through its Authorized Signatory.
…. Opp. Parties
EXTRACT OF THE ORDER NO.59: DATED: 02/06/2022
*******
The record is put up today. Both parties are present. Though the complainant, on 25/04/2022, was directed to file objection, if any, on the petition filed by the OPs dated 25/08/2015, but no such objection is filed on his behalf. However, the photocopy of the arbitration award has been submitted by the OPs. As the arbitration award has been passed, the District C.D.R. Commission has no jurisdiction to entertain the complaint after passing of the arbitration award. It is well settled that when there is arbitration clause in the agreement, the complainant can approach the District C.D.R. Commission but once the arbitration award has been passed, the Dist. C.D.R. Commission lacks jurisdiction to adjudicate the matter. In view of the settled legal position, I think that the Dist. C.D.R. Commission has no jurisdiction to adjudicate the matter pending before it. Therefore, the complaint petition becomes in- fructuous in view of the arbitration award.
Sd/-Member (W) Sd/-Member Sd/- President
(S.Tripathy) (B.R.Swain) (K.C.Rath)
