Orissa

Khordha

CC/106/2021

Ajit Kumar satapathy, The Chairman of Sai gurukula Education and Charitable trust . - Complainant(s)

Versus

(1) The M.D.,M/s. Thirumeni Finance Pvt. Ltd. Bangalore. - Opp.Party(s)

Sri S.Mohanty and Associates.

16 Aug 2023

ORDER

DISTRICT CDR FORUM, KHURDA
KHANDAGIRI, BHUBANESWAR, 751030
 
Complaint Case No. CC/106/2021
( Date of Filing : 05 Apr 2021 )
 
1. Ajit Kumar satapathy, The Chairman of Sai gurukula Education and Charitable trust .
At/Po- Lalsinghi, Bhanjanagar, ganjam.
...........Complainant(s)
Versus
1. (1) The M.D.,M/s. Thirumeni Finance Pvt. Ltd. Bangalore.
5BC-110, 3rd floor, varasiddi, Outer Ring road, Kalyani Nagar, Banglore.
2. (2) The Zonal sales Head, M/s. Thirumeni Finance Pvt. Ltd.
Plot No- 6/173, 1st floor, IRC village, Nayapalli, Bhubaneswar.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI KRUSHNA CHANDRA RATH PRESIDENT
 HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY. MEMBER
 
PRESENT:Sri S.Mohanty and Associates. , Advocate for the Complainant 1
 Sri Pravakar Pattanayak and Associates., Advocate for the Opp. Party 1
 Sri Pravakar Pattanayak and Associates. , Advocate for the Opp. Party 1
Dated : 16 Aug 2023
Final Order / Judgement

DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                               -ooOoo-

 

C.C. CASE NO.106/2021

 

Sai Gurukula Education & Charitable Trust,

Represented through its Chairman, Mr. Ajit Kumar Satapathy, aged about 58 years,

At/PO – Chhedabhume, Lalsinghi, Bhanjanagar, Dist – Ganjam, Pin – 761126

….       Complainant

-Vrs.-              

 

  1. M/s Thirumeni Finance (P) Ltd.,

Represented through its Managing Director,

5 BC – 110, 3rd Floor, Varasiddi, Outer Ring Road,

Service Road 3rd Block, HRBR Layout, Kalyaninagar, Bangalore -560043,

 

  1. Zonal Sales Head,

M/sThirumeni Finance (P) Ltd., (Varthana),

Plot No.N-6/173, 1st Floor, IRC Village,Nayapalli, Near Rameswar Temple, Bhubaneswar – 751015

 

                                                                                                            ….       Opp. Parties

 

 

 EXTRACT OF THE ORDER NO.12: DATED: 16/08/2023 (Later)

***

 

Perused the copy of the arbitration award.  Sai Gurukula Education & Charitable Trust,  who is complainant in this case, was the OP  in the Arbitration Proceeding.  The subject matter involved in both the proceedings is the same.  Arbitration Award was passed on 06/07/2023 and the Complaint was filed before this Commission on 05/04/2021.  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)

 

 

 

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

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