MR. PRAVAT KUMAR PADHI, PRESIDENT:-
Complainant has filed C.C.Case No. 70/2023 U/s-35 of C.P.Act,2019 before this Commission seeking following relief:
“ Honb’le Commission may kindly issue necessary direction to the Ops to the impugned demand amounting to Rs. 1,47,483/- raised by the Op No.1 on the basis of false & fabricated report with the false allegation of defaulter of loan amount after sale of his vehicle may kindly be set aside/quashed along with Rs. 50,000/- litigation expenses and compensation of mental agony and irreparable loss. Further directed to the OpNo.2 not to cancellation of his owner ship of the said vehicle till disposal of the above case”.
Op No.1 filed written version stating that arbitration proceeding has been initiated prior to filing of C.C.Case and Complainant also voluntarily surrendered vehicle on dt. 27.07.22 and loan recall notice issued on 22.09.22 and prior to its pre-sale notice was issued on dt. 27.07.2022 and the vehicle have already been auctioned on dt. 26.08.2022 to one Sayed Ansari who is not a party in this Case.
Arbitration proceeding has been initiated before filing of this C.C.Case and the vehicle auctioned for Rs. 18,05,000/- out of which Rs. 15,40,029/- was paid towards loan dues and Rs. 2,64,971/- was paid towards Govt. tax on dt. 27.07.2022.
In view of the facts stated above the C.C. Case No. 73/2023 alongwith I.A No. 37/2023 are not maintainable before this Commission and are hereby dismissed. No order as to costs.
Issue extract of the order to the parties concerned.
Pronounced in the open Commission, on this the 13th day of September,2023
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
