DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
C.C.No. 93/ 2011
Smt. Salila Nath, aged about 45 years,
W/o Jadumani Nath, At/PO- Jadupur, Dist – Kendrapara,
At present: Qrs. No.CH-4214, Madhuban, PO/PS- Paradeep,
Dist – Jagatsinghpur, Pin – 754142
………Complainant.
-Vrs.-
- MAGMA FINCORP. LIMITED,
(Formerly known as Magma Srachi Finance Lt d.)
Regd. Office- 24, Park Street,
Kolkata-700016., (WB)
- Branch Manager, Magma Leasing Lt d.,
Office At : Nirmala Plaza, Forest Park,
Bhubaneswar - 751009, Dist- Khurda
…. Opp. Parties
EXTRACT OF THE ORDER NO.50 : DATED: 02/12/2022
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The case record is put up today on the strength of advance petition filed on behalf of the OPs. The learned counsel for the OPs submitted before the Commission that, as per terms & conditions, they 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 today. Therefore, this Commission has no jurisdiction to entertain this dispute. To this effect, it is 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)
