DIST.CONSUMER DISPUTES REDRESSAL FORUM, COMMISSION, BHUBANESWAR:
C.C. 235/2023
Prabhati Mohanty, aged about 61 years,
W/o – Shyam Sundar Mohanty, At – Baripada, PO- Tentulia,
PS- Tirtol, Dist – Jagatsinghpur.
…. Complainant
-Vrs.-
1. Mahindra & Mahindra Financial Services Ltd.,
4th Floor, Mahindra Tower, Dr. G.M. Bhosale Marg, P.K. Kurne Chowk,
Worli, Mumbai – 400018, represented Through its Managing Director
2. Mahindra & Mahindra Financial Services Ltd.,
1st Floor, Unit – 1, Nandighosh Arena, G, A-1, Plot No.1246, Bapuji Nagar,
Bhubaneswar- 751009, represented through its Branch Manager.
…. Opp. Parties
EXTRACT OF THE ORDER NO. : DATED- 09/08/2023
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Perused the copy of the arbitration award. Prabhati Mohanty who is complainant in this case, was the OP in the Arbitration Proceeding. The vehicle bearing registration number OD-29-F-9949, is involved in both the proceedings. Arbitration Award was passed on 17/03/2023 and the Complaint was filed before this Commission on 30/06/2023. 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)
