Orissa

Khordha

CC/71/2021

Jagabandhu Pradhan. - Complainant(s)

Versus

(1) The Managing Director, Cholamandalam Investment & Finance Co. Ltd. - Opp.Party(s)

Sri K.C.Prusty

11 Aug 2023

ORDER

DISTRICT CDR FORUM, KHURDA
KHANDAGIRI, BHUBANESWAR, 751030
 
Complaint Case No. CC/71/2021
( Date of Filing : 08 Mar 2021 )
 
1. Jagabandhu Pradhan.
S/O- J. PRADHAN, AT-PLOT NO- 2810/2811, NEAR UP SCHOOL,Bhotapada, Po/Ps- Mancheswar, Bhubaneswar.
...........Complainant(s)
Versus
1. (1) The Managing Director, Cholamandalam Investment & Finance Co. Ltd.
At-1st Floor, Arnapurna Complex,Plot No-559,Lewis Road,Bhubaneswar,Dist- Khurda
2. (2) The Managing Director,Cholamandalam Investments and finance Co. Ltd, chennai.
Dare House,2nd Floor,Old No. 234,New No-2,N.S.C. Bose Road, Parrys,Chennai-600001
3. (3) R.t.O., Bhubaneswar-1.
Acharya Vihar, Bhubaneswar.
............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 A.B.Majhi ., Advocate for the Opp. Party 1
 Sri A.B. Majhi ., Advocate for the Opp. Party 1
Dated : 11 Aug 2023
Final Order / Judgement

 

DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

 

C.C. CASE NO.71/2021

Jagabandhu Pradhan,  aged about 48 years,

S/o Jadumani Pradhan, At plot No.2810/2811,

Near UP School, Bhotapada, PO/PS- Mancheswar

Bhubaneswar, Dist – Khurda, Odisha, Pin – 751017

….       Complainant

-Vrs.-  

           

1.         Manager, Cholamandalam  Investment & Finance Company Ltd., (Formerly known as Cholamandalam DBS Finance Ltd.), At-  Plot No.559,  Arnapurna Complex, ,  1st Floor, Lewis Road, Cuttack Road,

 Dist : Khurda, Odisha, Pin - 751002

 

  1. Managing Director,  Cholamandalam  Investment & Finance Company Ltd.,

(Formerly known as Cholamandalam DBS Finance Ltd.),

Dare House, 2nd  Floor, No.2,

            NSC Bose Road, Parrys,Chennai-600 001.

 

  1. R.T.O,  Bhubaneswar, At – Acharya Vihar,

Bhubaneswar, Dist - Khurda, Odisha - 751022….Opp. Parties

 

 

 EXTRACT OF THE ORDER NO.10: DATED: 11/08/2023 (Later)

***

 

Perused the copy of the arbitration award. Jagabandhu Pradhan,  who is complainant in this case, was the OP  in the Arbitration Proceeding.  The  loan agreement bearing   number XVFPBNR 00001915666,  is involved in both the proceedings.  Arbitration Award was passed on 04/08/2022 and the Complaint was filed before this Commission on 08/03/2021.  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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