Orissa

Khordha

CC/118/2017

Balaram Majhi. - Complainant(s)

Versus

(1)The Manager, Shriram Transport Finance Co. Ltd.(2)The Managing Director, Shriram Transport Finan - Opp.Party(s)

Mr.Pinaki Dutta.

26 Nov 2024

ORDER

DISTRICT CDR FORUM, KHURDA
KHANDAGIRI, BHUBANESWAR, 751030
 
Complaint Case No. CC/118/2017
( Date of Filing : 18 Apr 2017 )
 
1. Balaram Majhi.
S/O- Dhanswar Majhi, At/Po- Chitri, Ps- Tamka, Dist-Jajpur.
...........Complainant(s)
Versus
1. (1)The Manager, Shriram Transport Finance Co. Ltd.(2)The Managing Director, Shriram Transport Finance Co. Ltd.
(1)At-Plot No- HIG-25, Jayadev Vihar, Bhubaneswar, Dist-Khurda.(2)Regd. Office-At-123, Angappa Naicken Street, Chennai.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI KRUSHNA CHANDRA RATH PRESIDENT
 HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY. MEMBER
 
PRESENT:
 
Dated : 26 Nov 2024
Final Order / Judgement

 

DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                                   -ooOoo-

 

C.D. CASE NO, 118/ 2017

 

Balaram Majhi, aged about 45 years,

S/o-Dhaneswar Majhi, At/PO- Chitri, PS- Tamka, Dist- Jajpur

….       Complainant

-Vrs.-

 

  1. Shriram Transport Finance Company Ltd., At plot No.HIG-25,

Jayadev Vihar, Opposite to pal Heights, Nayapalli,

Bhubaneswar – 4, Dist – Khurda, represented through its Manager.

 

  1. Shriram Transport Finance Company Ltd.,

Registered Office 123, Angappa Naicken Street, Chennai,

                  Represented through its Managing Director.

 

….       Opp. Parties

 

 

EXTRACT COPY OF THE ORDER NO.29: DATED:  26/11/2024 (Later)

 

***

 

Perused the copy of arbitration award passed by the Arbitrator.  Balaram Majhi, who is complainant in this case, was the OP in the Arbitration Proceeding.  The loan agreement  bearing number BHUBA030308002, is involved in both the proceedings.  The complaint was filed before this Commission on 18/04/2017.  Arbitration Award was passed by the sole Arbitrator on 04/07/2024. 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 against the OPs,  as such the case is dismissed against the OPs.

 

Sd/-Member (W)                                                                     Sd/-  President

(S.Tripathy)                                                                             (K.C.Rath)

 

 

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

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