DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D. CASE NO. 202 /2018
Nakula Lenka, aged about 45 years,
S/o Daitari Lenka, At – Pithakhai,
PS: Fategarh ( Near Bhagabat Mandap)
Dist - Nayagarh
…. Complainant
-Vrs.-
1. The Manager, Consoritum Automobiles (P) Ltd.,
Plot No.644/2148, 645, 646 and 647, Pahal, NH-5,
Bhubaneswar, Dist : Khurda
2. The Branch Manager, T.M.F.L., Bhubaneswar Branch
1st Floor, Kesari Talkies Complex, Kharvel Nagar,
Bhubaneswar, Dist : Khurda
…. Opp. Parties
EXTRACT OF THE ORDER NO. 13: DATED: 28/08/2023 (Later)
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Perused the copy of the arbitration award. Nakula Lenka, who is complainant in this case, was the OP in the Arbitration Proceeding. The vehicle bearing chassis number MAT445117DVC19337 & Engine number 275IDI06CWYS54343, is involved in both the proceedings. Arbitration Award was passed on 24/04/2018 and the Complaint was filed before this Commission on 13/08/2018. 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)