DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
C.D.No. 337 of 2014
Sunil Parida, aged about 25 years,
S/o - Pramod Kumar Parida, Plot No.20-203, Delta Colony,
PO/PS- Nayapalli, Bhubaneswar, Dist – Khurda
………Complainant.
-Vrs.-
- MAGMA FINCORP. LIMITED,
At : Nirmala Plaza, A1, Forest Park,
Bhubaneswar - 751002, Dist- Khurda, through its
Branch Manager
- MAGMA FINCORP. LIMITED,
Regd. Office- 24, Park Street,
Kolkata-700016., through its Managing Director.
…. Opp. Parties
EXTRACT OF THE ORDER NO.42 : DATED: 06/02/2023
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Advocate for the complainant is present. OPs are absent. On perusal of case record, I find that, there is a certified copy of the arbitration award in connection with this case. Sunil Parida, who is the complainant in this case, was a party before the Arbitration Proceeding. The arbitration award has been passed on 07/03/2014. The complaint was filed before this Commission on 12/11/2014 i.e. after passing the arbitration award. The proposition of law in this regard is crystal clear that, as and when an award has been passed by the sole arbitrator in respect of the same cause of action, a complaint petition is not maintainable before the District Consumer Disputes Redressal Commission. In view of the said legal proposition, this Consumer Complaint is not maintainable, as such the case is dismissed.
Sd/-Member (W) Sd/- President
(S.Tripathy) (K.C.Rath)
