Orissa

Khordha

CC/295/2018

Sri Sanjay Gochhayat. - Complainant(s)

Versus

(1) The Managing Director, HDB Financial Service Ltd., Bhubaneswar. - Opp.Party(s)

Sri R.Routray and Associates.

21 Jun 2023

ORDER

DISTRICT CDR FORUM, KHURDA
KHANDAGIRI, BHUBANESWAR, 751030
 
Complaint Case No. CC/295/2018
( Date of Filing : 04 Dec 2018 )
 
1. Sri Sanjay Gochhayat.
S/O- Chakradhar Gochhayat, Plot No-3821, Badagada, Bhubaneswar, Dist-Khurda
...........Complainant(s)
Versus
1. (1) The Managing Director, HDB Financial Service Ltd., Bhubaneswar.
At- Plot No-358/3478, Ground Floor, Near Biju Pattnaik College, Bhubaneswar, Dist-Khurda.
2. (2) The Branch Manager, HDB Financial Services Ltd., Bhubaneswar.
Plot No-533 and 534, Mahavir Bazar, Samantarapur, Bhubaneswar, Dist-Khurda.
3. (3)The Managing Director, HDB Financial Services Ltd., Mumbai.
Corporate Office, Ground Floor, Near Mahalaxmi Temple, Mumbai-400034.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI KRUSHNA CHANDRA RATH PRESIDENT
 HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY. MEMBER
 
PRESENT:Sri R.Routray and Associates. , Advocate for the Complainant 1
 Sri B.P. Sarangi and Associates., Advocate for the Opp. Party 1
 Sri B.P. Sarangi and Associates. , Advocate for the Opp. Party 1
 Sri B.P. Sarangi and Associates. , Advocate for the Opp. Party 1
Dated : 21 Jun 2023
Final Order / Judgement

DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                            -ooOoo-

 

C.D. CASE NO. 295 /2018

 

Sri Sanjay Gochhayat, aged 40 years,S/o Chakradhar Gochhayat,

At Plot No.3821, Poda Sahi, Badagada, Bhubaneswar, Dist : Khurda, Odisha,

Pin – 751017

….       Complainant

-Vrs.-

 

  1. HDB Financial Services Ltd.,

At Plot No.358/3478, Ground Floor, Near Biju Patnaik College, Jaydev Vihar,

Bhubaneswar, Dist : Khurda, Pin – 751013,

Through its Regional Manager/ Business Head

 

  1. HDB Financial Services Ltd.,

At Plot No.533 & 534, Mahavir Bazaar,

Samantarapur, Bhubaneswar.- 751002, Dist : Khurda, through its Branch Manager.

 

  1. HDB Financial Services Ltd.,

Corporate Office : Ground Floor, Zenith House, Keshavrao Khadey Marg,

Mahalaxmi. Mumbai – 400034, through Its Managing Director.

 

….       Opp. Parties

           

 

 EXTRACT OF THE ORDER NO.17: DATED: 21/06/2023

***

 

Perused the copy of the arbitration award. Sanjay Gochhayat, who is complainant in this case, was the OP in the Arbitration Proceeding.  The vehicle bearing registration number OD-02-AR-2681,  is involved in both the proceedings.  Arbitration Award was passed on 30/12/2019 and the Complaint was filed before this Commission on 01/12/2018.  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)

 

 

 

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

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