DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D. CASE NO. 49/2020
Sumitra Chhotray, aged about 35 years, W/o – Akshya Kumar Chhotray , At – Aseli,
PO: Lendo, PS- Nirakarpur Dist – Khordha.
…. Complainant
-Vrs.-
1. TATA MOTORS FINANCE LTD., Regd. Office - 10th Floor,
106 A & B, Maker Chamber, III,Nariman Point, Nanavati, Mumbai – 400 021,
2. TATA MOTORS FINANCE LTD., At : 1st Floor, Keshari Talkies Complex, 98,
Kharavela Nagar, Unit – III, Bhubaneswar – 751001.
3. Consortium Automobiles Pvt.Ltd., TATA MOTORS, represented by its\
General Manager, Dealer Light Commercial Vehicle, Plot No.644/2148, 645, 646 & 647,
Pahal, NH-5, Bhubaneswar – 752101, Dist – Khordha, Odisha.
…. Opp. Parties
EXTRACT OF THE ORDER NO.10: DATED: 29/05/2023
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The record is put up today. Complainant is found absent. OPs 1 & 2 are also absent. A/R for the OP.3 is present. Perused the copy of the arbitration award filed earlier on behalf of the OPs. Sumitra Chhotray, who is complainant in this case, was the OP in the Arbitration Proceeding. The vehicle bearing registration number OD-02-AQ-7738 is involved in both the proceedings. Arbitration Award was passed on 30/11/2019 and the Complaint was filed before this Commission on 29/02/2020. 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)
