Orissa

Khordha

CC/50/2019

Suresh Pradhan. - Complainant(s)

Versus

(1) The Regional Manager, Mahindra & Mahindra Financial Services Ltd., Bhubaneswar. - Opp.Party(s)

Sri K.C. Prusty.

25 Aug 2023

ORDER

DISTRICT CDR FORUM, KHURDA
KHANDAGIRI, BHUBANESWAR, 751030
 
Complaint Case No. CC/50/2019
( Date of Filing : 15 Feb 2019 )
 
1. Suresh Pradhan.
S/o- Uttam Pradhan, At- Kaima, Po- Tendabadi, Ps- Daspalla, Dist-Nayagarh.
...........Complainant(s)
Versus
1. (1) The Regional Manager, Mahindra & Mahindra Financial Services Ltd., Bhubaneswar.
At-Plot No- 511,Cuttack-Puri Road, Besides Punjab National Bank, Mancheswar Industrial Estate,Bhubaneswar-751010,Dist- Khurda.
2. (2) The Managing Director , Mahindra & Mahindra Financial Services Ltd., Mumbai.
Gateway Building ,Apollo Bunder,Mumbai-400001
3. (3) The Branch Manager, Mahindra & Mahindra Financial Services Ltd., Nayagarh Branch.
1st Floor, Main Road, Nayagarh NAC, Po/Ps/ Dist- Nayagarh.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI KRUSHNA CHANDRA RATH PRESIDENT
 HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY. MEMBER
 
PRESENT:Sri K.C. Prusty. , Advocate for the Complainant 1
 Sri D.P. Tripathy and Associates., Advocate for the Opp. Party 1
 Sri D.P. Tripathy and Associates. , Advocate for the Opp. Party 1
 Sri D.P. Tripathy and Associates. , Advocate for the Opp. Party 1
Dated : 25 Aug 2023
Final Order / Judgement

DIST.CONSUMER DISPUTES REDRESSAL COMMISSION , KHURDA, BHUBANESWAR:

                                                            -ooOoo-

 

C.D. CASE NO. 50/2019

 

Suresh Pradhan, S/o Uttam Pradhan,

At : Kaima, PO: Tendabadi, PS: Daspalla, Nayagarh

….       Complainant

-Vrs.-

 

 

1.         Mahindra  & Mahindra Financial Services Ltd.,

Plot No.511, ,Rasulgarh,  Bhubaneswar,

            Through its Regional  Manager.

 

2.         Mahindra  & Mahindra Financial Services Ltd.,

            Gateway Building, Apollo Bunder, Mumbai,

            Maharashtra, Pin Code - 400 001

Through its Managing Director

 

3.      Mahindra  & Mahindra Financial Services Ltd.,

Nayagarh Branch, 1st Floor, Main Road,

Nayagarh NAC. PO/PS/Dist : Nayagarh

            Through its Branch  Manager

 

                                                                                                            ….       Opp. Parties

                                   

 

 EXTRACT OF THE ORDER NO.10: DATED: 25/08/2023

***

 

Perused the copy of the arbitration award. Suresh Pradhan,  who is complainant in this case, was the OP  in the Arbitration Proceeding.  The   vehicle bearing registration  numbered OD-25-F-1112,  is involved in both the proceedings.  Arbitration Award was passed on 14/02/2020 and the Complaint was filed before this Commission on 15/02/2019.  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. 

 

 
 
[HON'BLE MR. SRI KRUSHNA CHANDRA RATH]
PRESIDENT
 
 
[HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY.]
MEMBER
 

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