DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, BHUBANESWAR:
-ooOoo-
C.C.No.323/2022
Pradeep Kumar Sahoo, aged about 48 years,
S/o – Adikanda Sahoo, Proprietor of Baba Loknath Transport,
Resident of Plot No.1472, Satya Vihar, Rasulgarh,
Mancheswar, Bhubaneswar, Dist – Khurda, Odisha, Pin – 751010
…. Complainant
-Vrs.-
- TATA MOTORS FINANCE LTD.,
At - 1st Floor, Keshari Talkies, Kharavel Nagar, Unit -9,
Bhubaneswar, Odisha, through its Branch Manager.
- TATA MOTORS FINANCE LTD.,
At – Techno Campus Building A, 2nd Floor, Off Pokhran Road No.2,
Thane, West Mumbai – 400601, through its Managing Director.
…. Opp. Parties
EXTRACT OF THE ORDER NO.06: DATED- 24/01/2023
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Advocate for complainant is present. Advocate for OPs is present. Record is posted today for hearing on the objection against the arbitration award. No objection is filed. Heard. Put up later for orders.
Sd/-Member (W) Sd/- President
(S.Tripathy) (K.C.Rath)
Later
In this case, arbitration award has already been passed on 16/11/2022. The arbitration award has been passed against one Baba Lokanath Transport, Pradeep Kumar Sahoo & Krishna Routray. Pradeep Kumar Sahoo is the complainant in this case. Arbitration award relates to the vehicle bearing registration No. OD-09-K-1492 which is also involved in the present complaint. Arbitration award was passed during pendency of the Consumer Dispute before this Commission. 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 being not maintainable in view of the arbitration award.
Sd/-Member (W) Sd/- President
(S.Tripathy) (K.C.Rath)
