DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D. CASE NO. 270/2020
Satya Shankar Mohapatra, aged about 41years,
S/o Kailash Chandra Mohapatra, At – Plot No.188(P),
Behind Nirupama Apartment, Near Kalinga Stadium Square,
Nayapalli, PO/PS- Nayapalli, Bhubaneswar – 751012, Dist : Khurda
…. Complainant
-Vrs.-
- KOTAK MAHINDRA PRIME LTD.,
27, B.K.C C-27, G Block, Bandra – Kurla Complex,Bandra (E) Mumbai – 400051,
Maharashtra, India, Through its Managing Director.
- KOTAK MAHINDRA PRIME LTD.,Plot No.184, Janpath, Ground Floor,
Kedarson Building, Bhubaneswar – 751001,Dist : Khurda, through its Branch Manager.
…. Opp. Parties
EXTRACT OF THE ORDER NO.22: DATED:- 06/06/2023
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Perused the copy of the arbitration award and the citations given by Advocate for the complainant. On going through the citations, I do not think that, those citations squarely apply to the case in hand. Satya Shankar Mohapatra, , who is complainant in this case, was the OP in the Arbitration Proceeding. The agreement bearing number CF16653576, is involved in both the proceedings. Arbitration Award was passed on 08/03/2021 and the Complaint was filed before this Commission on 22/12/2020. 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)
