DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                       -ooOoo-

C.D. CASE NO. 415/ 2010

Hemanta Kumar Nayak, aged about 36 years,

S/o Balaram  Nayak, At : Badapal (R.Sahi),

PO- Ashram Balikuda, PS – Patakura, Dist – Kendrapara

….     Complainant

-Vrs.-

1.       Magma Fincorp. Ltd.,

          (Formerly known as Magma Leasing Ltd.,)

          Regd. Office – 24, Park Street, Kolkata – 700016

          Through its Authorized Signnatory.

2.       Magma Fincorp Ltd,

(Formerly known as Magma Leasing Ltd.),

At :  Nirmala Plaza, A1, Forest Park,

Bhubaneswar, Dist : Khurda

Through its Branch Manager.

….     Opp. Parties

 EXTRACT OF THE ORDER NO.54: DATED: 01/08/2022(Later)

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As per terms & conditions,  the OPs  have referred the matter to the Arbitrator and arbitration award has been passed against the complainant. The photocopy of the arbitration award has also been submitted  by the OPs earlier. Therefore, this Commission has no jurisdiction to entertain this dispute. To this effect, the OPs relied upon the decision of the Hon’ble National Commission Disputes Redressed Commission  in Vishnu Chandra Sharma Vrs – Sriram Finance Company Ltd. & Another. In that case, the National Commission has observed that the provision of the Consumer Protection Act, 1986 cannot be used in derogation of Arbitration and Reconciliation Act, 1996, remedy under Consumer Protection Act, 1986 is an additional remedy if the main remedy under the concerned Act has not been taken. Since in this case, the OPs had sought for remedy before the Arbitration and Reconciliation Act, 1996, in exercising of the terms & conditions of the agreement, the Consumer Commission has no jurisdiction to entertain this case. Therefore, the complaint petition is dismissed being in-fructuous in view of the arbitration award.

Sd/-Member (W)                                         Sd/-  President

(S.Tripathy)                                                         (K.C.Rath)