DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.C. NO.211/ 2012
Ajay Kumar Biswal, aged about 27 years,
S/o – Laxmidhar Biswal, . At – Brundaban Colony, Plot No.2/81/1.
Madhuban, Paradip, PO- Paradip, Dist – Jagatsinghpur
…. Complainant
-Vrs.-
1. Shriram Transport Finance
Company Ltd., At:- Lewis Road, Bhubaneswar, Dist : Khurda
Represented through its Regional Manager. (Recovery)
2. Shriram Transport Finance Company Ltd.,
Regd.Office :- 123, Angappa Naicken street, Chennai – 600 001,
Represented through its Managing Director.
…. Opp. Parties
EXTRACT OF THE ORDER NO.43 DATED: 10/02/2023
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Perused the arbitration award. Ajay Kumar Biswal, was the OP in the Arbitration proceeding. Ajay Kumar Biswal is the complainant in this case. The vehicle bearing registration number OR-09-F-4163 is the vehicle involved in the arbitration proceeding. It is contended by the advocate for the complainant that, in view of the decision laid down by the Hon’ble Supreme Court in case of National Seeds Corporation Ltd., Vrs: M.Madhusudhan Reddy, the complaint is maintainable before this Commission. The judgment relied upon by the advocate for the complainant, does not squarely apply to the case in hand. 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)
