Punjab

Fatehgarh Sahib

CC/3/2021

Kuldeep Singh - Complainant(s)

Versus

AXIS Bank - Opp.Party(s)

Sh Surinder Mohan Aggarwal

25 Feb 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                    Complaint No. 03 of 2021

                                                                   Date of Institution:01.01.2021

                                                                   Date of Decision: 25.02.2022

Kuldeep Singh aged about 58 years son of Sh. Niranjan Singh. R/o Hawara Kalan, Tehsil Khamanon, District Fatehgarh Sahib.

                                                                                       …………....Complainant

                                                Versus

1. Axis Bank, Branch Village Manderan, Tehsil Khamanon, District Fatehgarh Sahib through its Branch Manager.

 

2. Axis Bank, having its registered officer at Trishul, 3^rd floor, opposite Samarhteshwar Temple, Law Garden, Ellisebridge, Ahmedabad, Gujrat through its M.D./Chariman/Authorized Person.

..………....... Opposite Parties

Complaint under Section 12/14 of Consumer Protection Act

Quorum

Sh. Pushvinder Singh, President

Sh. Manjit Singh Bhinder, Member

Ms. Shivani Bhargava, Member

 

Present: Sh. Surinder Mohan Aggarwal, counsel for the Complainant.

      Sh. V.S. Dhillon, counsel for the OPs

Order By

Pushvinder Singh, President

 

 

1.                          Counsel for OPs heard on the application filed by OPs for dismissal of this complainant. It has been stated by the OPs that there was an arbitration clause in the loan agreement executed between the parties as such the OPs initiated arbitration proceedings against the complainant wherein the Arbitrator has passed an award. As per Arbitration and Conciliation Act, 1996 the award passed by the Arbitrator is deemed to be decree of the Court. Thereafter passing of the award, this Commission has no jurisdiction to heard and decide the complaint.
2.                      Notice for this application was given to the complainant and reply has been filed stating that the complainant has no knowledge regarding the said award and the award was passed without knowledge of the complainant ex parte, present complaint is very much maintainable and the application deserves to be dismissed.
3.                     We have heard counsels for the parties and gone through the file.
4.                         The complainant has filed this complaint stating that he purchased a Tractor and it was got financed from OPs and a loan of Rs.4,70,000/- was obtained by the complainant and he is paying the instalments regularly. The OPs have produced copy of award passed against the present complaint dated 04.06.2021 which is with regard to the same loan amount which is a subject matter of present complainant. The complainant has not denied the agreement and clause of arbitration in the agreement. Copy of award clearly shows that the matter was referred to the Arbitrator as per arbitration clause of agreement executed between the parties and the Arbitrator has passed the award. So we find that in the circumstances only remedy is available with the complainant to file objection petition under Section 34 of the Arbitration and Conciliation Act against the award in question. Even if the award is ex parte even then the present complainant cannot be filed in the presence of award of the Arbitrator. The Hon’ble National Consumer Disputes Redressal Commission, New Delhi has also observed in the pronouncement titled as Magma Fincrop Ltd. Vs. Gulzar that

                          “where there is hire purchase agreement regarding loan of any vehicle and there is an arbitration clause and the complaint cannot be decided by the Consumer Fora after arbitration award is already passed and the jurisdiction of Consumer Commission is barred.”

5.                         In all these circumstances we have come to the conclusion that when the arbitration award has already been passed regarding loan agreement between the parties the present complaint is not maintainable and only remedy is with the complainant to file objection petitioner under Section 34 of the Arbitration and Conciliation Act, 1996. With these observations, present complaint is dismissed. File be consigned to record room. Free certified copy of the order be supplied to the complainant and copy be sent to the OPs through registered post as per rules. File be indexed and consigned to record room.

Announced:

25.02.2022                                                                   

(Pushvinder Singh)

President

                                                                                     

 

(Shivani Bhargava)

                                                                                      Member

                                                                                     

 

 

(Manjit Singh Bhinder)

                                                                                      Member