Orissa

Khordha

CC/296/2019

Kabiraj Baliarsingh. - Complainant(s)

Versus

(1) The Managing Director, Citicorp Finance India Ltd., Mumbai. - Opp.Party(s)

Sri K.C. Prusty.

26 Jul 2022

ORDER

DISTRICT CDR FORUM, KHURDA
KHANDAGIRI, BHUBANESWAR, 751030
 
Complaint Case No. CC/296/2019
( Date of Filing : 18 Oct 2019 )
 
1. Kabiraj Baliarsingh.
S/O- Baikuntha Baliarsingh, At- Dihakhauruni, Po- Badakumari, Ps- Bolagarh, Dist-Khurda.
...........Complainant(s)
Versus
1. (1) The Managing Director, Citicorp Finance India Ltd., Mumbai.
At- 1st,International Financial Center, FIFC,8th Floor,Plot No- C-54,&C-55,G-Block,Bandra Complex,Bandra(E), Mumbai-400051
2. (2) The Branch Manager, Citicorp Finance India Ltd., Bhubaneswar Branch.
Plot No- A/83, Saheed Nagar, Po/Ps- Saheed Nagar, Bhubaneswar-751007
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI KRUSHNA CHANDRA RATH PRESIDENT
 HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY. MEMBER
 HON'BLE MR. MR.BIBHU RANJAN SWAIN MEMBER
 
PRESENT:Sri K.C. Prusty. , Advocate for the Complainant 1
 Sri Jagadananda Pattnaik and Associates., Advocate for the Opp. Party 1
 Sri Jagadananda Pattnaik and Associates. , Advocate for the Opp. Party 1
Dated : 26 Jul 2022
Final Order / Judgement

 

 

 

DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                       -ooOoo-

 

C.D. CASE NO. 296/2019

 

Kabiraj Baliarsingh, aged about 50 years,

S/o Baikuntha Baliarsingh

At – Dihakhauruni, PO- Badakumari,

PS: Bologarh, Dist : Khurda

….     Complainant

-Vrs.-

 

1.       Citicorp Finance India Ltd., (CFIC),

          8th Floor, FIFC, C-54 & C-55, C- Block 

Bandra Kurla Complex, Bandra (East), Mumbai – 4000 51

          Through its Managing Director.

 

2.       Citicorp Finance India Ltd., Bhubaneswar Branch,

          C/o – NS Advisory Services Pvt.Ltd.,

          At-  A/83, Saheed Nagar, Bhubaneswar,

Odisha , Pin – 751007,

          Through its  Branch Manager.

….     Opp. Parties

 

 

 EXTRACT OF THE ORDER NO.05: DATED: 26/07/2022

*******

 

The  case record is put up today on the strength of advance petition filed on behalf of the OPs. The advocate for the complainant is present. The OPs  submitted before the Commission that as per terms & conditions they have referred the matter to the Arbitrator and arbitration award has been passed against the complainant. The photocopy of the arbitration award has also been submitted  by the OPs. Therefore, this Commission has no jurisdiction to entertain this dispute. To this effect, the OPs relied upon the decision of the Hon’ble National Commission Disputes Redressed Commission  in Vishnu Chandra Sharma Vrs – Sriram Finance Company Ltd. & Another. In that case, the National Commission has observed that the provision of the Consumer Protection Act, 1986 cannot be used in derogation of Arbitration and Reconciliation Act, 1996, remedy under Consumer Protection Act, 1986 is an additional remedy if the main remedy under the concerned Act has not been taken. Since in this case, the OPs had sought for remedy before the Arbitration and Reconciliation Act, 1996, in exercising of the terms & conditions of the agreement, the Consumer Commission has no jurisdiction to entertain this case. Therefore, the complaint petition is dismissed being in-fructuous in view of the arbitration award.

 

 

Sd/-Member (W)                        Sd/-Member            Sd/-  President

(S.Tripathy)                                         (B.R.Swain)               (K.C.Rath)

 

 

 

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

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