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Uttam Kumar Patani s/o Ram Lal Patnai filed a consumer case on 23 Apr 2018 against Ashoka Leyland Finance Company Limited in the StateCommission Consumer Court. The case no is A/1134/2017 and the judgment uploaded on 01 May 2018.
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1
FIRST APPEAL NO: 1134 /2017
Uttam Kumar Patni s/o Ramlal Patni r/o B 11, Govind Nagar (East) Opp. Banskho House, Jaipur.
Vs.
Ashoka Leyland Finance Co. Ltd., A-1, A-2 , 2nd floor, Umrao Complex, M.I.Road, Jaipur through General Manager & ors.
Date of Order 23.4.2018
Before:
Hon'ble Mrs. Justice Nisha Gupta- President
Mrs. Meena Mehta-Member
Mr.Malchand Sharma counsel for the appellant
BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):
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This appeal is filed against the order passed by the District Forum, Jaipur 1st dated 27.7.2017 whereby the complaint filed by the appellant is dismissed.
The contention of the appellant is that he was ready to pay the dues inspite of this his vehicle was sold on a meagre amount. He also lodged criminal case and the claim should have been allowed.
Heard the counsel for the parties and perused the impugned judgment .
The Forum below has held that dispute is in regard to payment of loan and loan agreement is operative between the parties. As per agreement arbitrator was appointed and award has been passed on 29.11.2006 and in view of the law laid down by the National Commission consumer complaint is not maintainable. The counsel for the appellant could not show any law contrary to it. When already matter has been considered by the competent arbitrator and award has been passed the Forum
3
below has rightly dismissed the claim.
In view of the above, there is no merit in this appeal not worth admission and stands dismissed.
(Meena Mehta) (Nisha Gupta)
Member President
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