Orissa

Khordha

CC/130/2023

Narendra Mohanty. - Complainant(s)

Versus

(1) The M.D., Tata Capital Financial Services Ltd., Mumbai. - Opp.Party(s)

Sri K.C. Prusty.

31 Jul 2023

ORDER

DISTRICT CDR FORUM, KHURDA
KHANDAGIRI, BHUBANESWAR, 751030
 
Complaint Case No. CC/130/2023
( Date of Filing : 17 Apr 2023 )
 
1. Narendra Mohanty.
S/o- B. Mohanty, At- Plot No- 50/2292, Palasun i, GGp Colony, Rasulgarh, BBSr.
...........Complainant(s)
Versus
1. (1) The M.D., Tata Capital Financial Services Ltd., Mumbai.
11th floor, tower-a, peninsula business park, ganpatrao, kadam marg, mumbai.
2. (2) The B.M., Tata Capital Financial Services Ltd., BBSR.
Kedargouri Vihar, Rajarani Colony, Rajarani Temple, Lewis Road, BBSR.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI KRUSHNA CHANDRA RATH PRESIDENT
 HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY. MEMBER
 
PRESENT:Sri K.C. Prusty., Advocate for the Complainant 1
 Sri R.K. Nanda and Associates., Advocate for the Opp. Party 1
 Sri R.K. Nanda and Associates., Advocate for the Opp. Party 1
Dated : 31 Jul 2023
Final Order / Judgement

Perused the copy of the arbitration award. Narendra Mohanty,  who is complainant in this case, was the OP  in the Arbitration Proceeding.  The vehicle bearing  registration number OD-13-J-8080, is involved in both the proceedings.  Arbitration Award was passed on 14/06/2023 and the Complaint was filed before this Commission on 17/04/2023.  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. 

 
 
[HON'BLE MR. SRI KRUSHNA CHANDRA RATH]
PRESIDENT
 
 
[HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY.]
MEMBER
 

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