DIST.CONSUMER DISPUTES REDRESSAL COMMISSION , KHURDA, BHUBANESWAR:
-ooOoo-
C.D. CASE NO. 213/2020
Madhuchandrika Dash, aged about 41 years,
W/o – Priyabrata Dash, residence of Plot No.3521/8843,
Palasuni, Rasulgarh, Bhubaneswar – 25, Dist - Khurda
…. Complainant
-Vrs.-
1. Branch Manager, TATA CAPITAL FINANCIAL SERVICES LTD.,
3rd Floor, Plot No.190, 204, 205, Opp. Of
Gouri Temple, Lewis Road, PS- Badagada, Bhubaneswar,
Odisha – 751007
2. TATA CAPITAL FINANCIAL SERVICES LTD.,
One, Forbes, Dr. V.B. Gandhi Marg, Fort Mumbai – 400001,
Through its Managing Director.
…. Opp. Parties
EXTRACT OF THE ORDER NO.10: DATED: 03/08/2023
***
Perused the copy of the arbitration award. Madhuchandrika Dash, who is complainant in this case, was the OP in the Arbitration Proceeding. The vehicle bearing registration number OD-02-AC-0016, is involved in both the proceedings. Arbitration Award was passed on 04/04/2022 and the Complaint was filed before this Commission on 20/11/2020. 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)
