DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.C. NO.298/ 2022
Sanjukta Jena, aged about 58 years,
W/o – Bhagabat Jena, Village – Badapandusar,
PO – Itamati, Dist – Nayagarh - 752068
…. Complainant
-Vrs.-
1. Cholamandalam Investment & Finance Company Ltd.,
(Formerly known as Cholamandalam DBS Finance Ltd.),
Dare House, 2nd Floor, No.2, NSC Bose Road, Parrys,Chennai-600 001,
India, through Its Managing Director,
2. State Head/ Authorized Signatory of Cholamandalam Investment & Finance Company Ltd., (Formerly known as Cholamandalam DBS Finance Ltd.),
At- Plot No.559, Arnapurna Complex, , 1st Floor, Lewis Road,
Cuttack Road, Bhubaneswar - 751014, Dist : Khurda.
3. Branch Manager, Cholamandalam Investment & Finance Company Ltd.,
(Formerly known as Cholamandalam DBS Finance Ltd.), Nayagarh Branch,
At – Khandapada Road, PO/PS/Dist - Nayagarh
…. Opp. Parties
EXTRACT OF THE ORDER NO.09: DATED: 09/08/2023 (Later)
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Perused the copy of the arbitration award. Sanjukta Jena, who is complainant in this case, was the OP in the Arbitration Proceeding. The loan agreement number XVFPNAY 00004438258 dated 03/12/2021, is involved in both the proceedings. Arbitration Award was passed on 23/12/2022 and the Complaint was filed before this Commission on 29/09/2022. 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)
