DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
C.D. Case No. 268/2011
Jhasketan Mahanta, aged about 31 years,
S/o - Iswar Chandra Mahanta of village – Thenteiposh
PO/PS- Lahunipada, Dist – Sundargarh.
…Complainant.
-Vrs.-
- MAGMA FINCORP. LIMITED,
(Formerly known as Magma Leasing Ltd.)
At : Nirmala Plaza, A1, Forest Park,
Bhubaneswar - 751002, Dist- Khurda, represented through its
Regional Manager –cum- Authorized Signatory.
- MAGMA FINCORP. LIMITED, (Formerly known as Magma Leasing Ltd.)
Regd. Office- 24, Park Street,
Kolkata-700016., represented through its Managing Director./ Authorized Signatory.
…. Opp. Parties
EXTRACT OF THE ORDER NO.53 : DATED: 28/08/2023 (Later)
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Perused the copy of the arbitration award. Jhasketan Mahanta, who is complainant in this case, was the OP in the Arbitration Proceeding. The subject matter involved in both the proceedings is the same. Arbitration Award was passed on 22/09/2009 and the Complaint was filed before this Commission on 19/09/2011. 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)