BEFORE THE DIST.CONSUMER DISPUTES REDRESSAL FORUM, KHURDA, BHUBANESWAR:
-ooOoo-
C.D. CASE NO. 370/2019
Shah Md. Karif, aged about 44 years,
S/o Shah Md.Kasim, At – Maninathpur,
PO- Maninathpur, PS- Dharmasala,
Dist : Jajpur.
…. Complainant
-Vrs.-
- HDB Financial Services Ltd.,
Corporate Office : Ground Floor,
Jenith House, Keshavrao Khadey Marg,
Mahalaxmi. Mumbai – 400034, through
Its Managing Director
- Branch Manager, HDB Financial Services Ltd.,
At Plot No.358/3478, Ground Floor,
Near Biju Patnaik College, Jaydev Vihar,
Bhubaneswar, Dist : Khurda, Pin – 751013
…Opp. Parties
- R.T.O., Cuttack, At/PO/PS/Dist – Cuttack.
.
…. Prof. Opp. Party
EXTRACT OF THE ORDER NO.02: DATED: 17/12/2019
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Perused the arbitration award. Shah Md. Karif , was the OP in the Arbitration proceeding. Shah Md. Karif , is the complainant in this case. Although there is some differences in the name of the complainant in the complaint case and in the name of the OP in the arbitration proceeding but the father’s name is the same in both the cases. As it appears, in the complaint petition, the name of the complainant has been wrongly typed out. Be that as it may, the vehicle bearing registration number OR-05-AG-6361 is the vehicle involved in the arbitration proceeding. It is contended by the advocate for the complainant that, in view of the decision laid down by the Hon’ble Supreme Court in case of National Seeds Corporation Ltd., Vrs: M.Madhusudhan Reddy, the complaint is maintainable before this Commission. The judgment relied upon by the advocate for the complainant, does not squarely apply to the case in hand. 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.
Member (W) President
