DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, BHUBANESWAR:
-ooOoo-
C.C.No. 358/ 2014
Hrudananda Das, aged about 64 years,
S/o – Late Baidhar Das, At – Siripur Nuashi, Plot No.28, PO-Siripur,
PS- Khandagiri, Bhubaneswar, Dist - Khurda
…. Complainant
-Vrs.-
- TATA Motors Finance Ltd.,
Nanavati Mahalaya, 3rd Floor,18, Homi Modi Street, Mumbai – 400001 ,
Through its Managing Director.
- TATA MOTORS FINANCE LTD.,
At – Keshari Talkies Complex, 1st Floor, PO/PS: Kharavela Nagar, Unit – III,
Bhubaneswar – 751001, Dist : Khurda, Through its Regional Manager.
- RTO., At- Acharya Vihar Square, Bhubaneswar, Dist – Khurda
….Opp. Parties
EXTRACT OF THE ORDER NO.27: DATED- 11/05/2023
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Advocate for the complainant is present. Advocate, Mr. D.P.Tripathy & his Associates filed fresh power on behalf of the OPs. They have also filed a petition praying for adjournment. Heard. Rejected.
Perused the case record. In this case, copy of the arbitration award has already been filed before this Commission. On perusal of copy of the Arbitration Award, it appears that, Hrudananda Das, who is complainant in this case, was the OP in the Arbitration Proceeding. The vehicle bearing registration number OR-02-BM-3385 is involved in both the proceedings. Arbitration Award was passed on 12/07/2012 and the Complaint was filed before this Commission on 29/11/2014. 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)
