DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO.13 OF 2018

Ananta Kumar Debata( 28 Yrs.),

S/O- Gobardhan Debata,

RO: Mandalia, PS: Orient,

Dist: Jharsuguda, Odisha,………………………….…….…………Complainant.

Versus

Branch Manager,

Cholamandalam Finance, Nisha Tower, 2^nd Floor,

Plot No. 570/10255 Industrial Estate,Bijunagar,

Infront of Ujbal Bajaj,Jharsuguda,Odisha……….…..…….……..Opp. Party

Counsel for the Parties:-

For the Complainant                                P.R.M.Rao, Adv. & Associates.

For the Opp. Party                                 D.K. Patel, Adv.  

Date of Order: 06.08.2018

Present

1. Shri Sundar Lal Behera, President.

                                                                              2. Shri Santosh Kumar Ojha, Member.

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant availed loan of Rs.23,50,000/- only from the O.P. in the month of October,2015 and purchased one truck bearing Regn. No.OD-15-E-4679 which was to be returned within July, 2020 with interest in 56 nos. of monthly installments of Rs.63,800/- only. The complainant has paid more than Rs.15,00,000/- only in the date of filing of this case. The complainant defaulted payment of Rs.1,30,000/- only approximately but the O.P is demanding Rs.9,00,000/- only illegally and seized the vehicle forcibly on dt.21.01.2018.  The complainant arranged Rs.50,000/- only with many difficulties for payment to the O.P but the O.P refused to receive, hence this case.   

The O.P. appeared through his counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments. The complainant has paid only Rs.15,02,800/- as on 26.06.2018 out of loan amount of Rs.23,50,000/- and on date Rs.16,76,200/- only is due of future installments. Due to non-payment of installments the O.P is seized the vehicle on dt.21.01.2018.  The O.P sent several letters to the complainant for paying the dues but the complainant taken deaf ear for which the O.P seized the vehicle.  The O.P also submitted that an arbitral award was passed by an arbitrator on dtd.21.7.2017 and denied all the allegations imposed by the complainant and prayed for dismissal of the case.

Heard and perused the case record along with materials available. The complainant has taken loan for a vehicle bearing Regn. No. OD-15E-4679 by the O.P for an amount of Rs.23,50,000/- only excluding interest which was to be refunded within July,2020 in monthly installments.  As per the statement of accounts issued by O.P. dtd. 26.06.2018 the complainant has paid Rs. 15,02,800/- only towards installments and Rs.16,76,200/- only was due towards future installments.  An arbitral award has been passed against the complainant on dtd.21.07.2017 where the complainant filed this case on dtd. 08.02.2018. 

As an arbitral award has been passed on the same dispute prior to filing of the complaint case by the complainant. Hon’ble National CDR Commission, New Delhi has held in the case between Magma Fincorp Ltd. vrs. Gulzar Ali (2016)2 CPJ 231 that, “The issue involved in this case is, whether, a complaint can be decided by the Consumer Fora after an arbitration award is already passed. The simple answer to this question is, ‘No’.” On the above ground this Hon’ble Forum bind its hands on deciding the same kind of dispute, hence the complaint case is hereby dismissed with no cost.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 06^th day of August’ 2018 and copy of this order shall be supplied to the parties as per rule. 

           I Agree             

         S.K.Ojha, Member                                                     S. L. Behera, President                 

Dictated and corrected by me

      S. L. Behera, President.