Orissa

Sambalpur

CC/22/2021

Chandeswar Ray - Complainant(s)

Versus

Branch Manager, Cholamandalam Investment and Finance Company Ltd - Opp.Party(s)

S.P.Rai, R.seth & associates

07 Nov 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT NO. 22/2021

 

Chandeswar Ray,

S/O- Shivjee Ray,

R/o- Panchpada, Ward No. 9, Ps/Dist- Jharsuguda,

Presently residing at Sason

PO/PS- Sason, Dist- Sambalpur (Odisha)                     ...………..Complainant

                                                Versus

Branch Manager,

Cholamandalam Investment and Finance Company Ltd.

Jharsuguda Branch,                                                       …………...Opp.Party

 

Order dated  07.11.2022

Both the side present. Heard the petition on maintainability Learned Advocate for the O.Ps submitted that Arbitration Case No. SRR/CMP No. 12091/2022 of sole Arbitrator S.Rajeni the Vehicle in question is involved. Further the complainant is having vehicle No. OR 23D-5157 and OR-09Q-4003. As per section 2(7) of the C.P. Act, 2019 as the complainant has purchased the vehicle for commercial purpose, he is not a consumer.

Learned Advocate for Complainant submitted that the Arbitration award filed in the Commission and other documents filed by the O.Ps are Xeroxed and it is not acceptable under the law. The Complainant has no knowledge about the arbitration case.

Heard both the side. As involvement of Two Commercial vehicles are three including the arbitration award, I am not inclined to continue this complaint before this Commission and as a preliminary issue the matter is taken up. The Complainant is not maintainable before this Commission and accordingly dismissed.

Further the petition u/s 71 & 72 of the CP Act., 2019 filed by the Complainant duly served to the O.Ps is not acceptable and stands rejected.

Supply free copies to the parties.

              -Sd/-(Sri.S.N.Tripathy)                                -Sd/-(Dr.R.K.Satapathy)

                   (07.11.2022)                                          (07.11.2022)

                        Member                                                          President