DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO.69 OF 2015
Vikesh Kumar Singh ( 28 Yrs.),
S/O- Janak Kumar Singh,
RO: Near Transformer House, PO: Bandhbahal,
PS: Banharpali, Dist: Jharsuguda,Odisha………….…………Complainant.
Versus
- Branch Manager,
Mahindra and Mahindra Finance Co. Ltd.,
At: 1st Floor Sabat Tower, ( Near Kaveri Hotel),
PO/ PS: Ainthapali,
Dist: Sambalpur, Odisha.
- Dinseh Giri, Collection Agent,
Mahindra and Mahindra Finance Co. Ltd.,
At: Mahindra Showroom, BTM Bye Pass,
Dist: Jharsuguda, Odisha………..….….…..….…...Opp. Parties.
Counsel for the Parties:-
For the Complainant Abdul Zalil, Adv. & Associates.
For the Opp. Party Shri A.K.Sahoo ,Adv. & Associates.
Date of Order: 18.07.2016
Present
1. Shri S.L.Behera, President.
2. Shri S.K. Ojha, Member.
Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant avail loan of Rs.36,11,090/- only including interest from the O.Ps. and purchased one Tata Trailer LPS-4018 TC vehicle bearing Regn. No.OR-15S-6544 with agreement validity from 29.05.2012 to 24.06.2016. The said loan was to be refunded by the complainant in 48 numbers of EMIs. and till the date of filing of this case the complainant has paid 33 numbers of EMIs. amounting Rs.25,31,590/- only. The complainant was paying monthly installment regularly but the statement of account issued by the O.Ps. dtd. 29.09.2015 is not showing the proper amount paid, hence this case.
The O.P. appeared through their counsel after being noticed and filed “Preliminary Objection filed by the Opp. Party No. 1 and 2 reserving right to file written version” wherein the O.ps. submitted that the complainant is a defaulter in making payments of installments and he has suppressed the material facts as he another vehicle which was financed by Shriram Finance Limited and of which a C.C.Case No. 73 of 2014 was filed by the complainant before this Hon’ble Forum. The matter of the present vehicle has been entered under arbitration cause wherein award has been passed dtd. 10.12.2013 by Ld. Arbitrator prior to filing of this case and on the above ground the complainant case should be dismissed.
Heard and perused the case record along with materials available. The complainant was financed a Tata Trailer LPS-4018 TC vehicle bearing Regn. No.OR-15S-6544 by the O.Ps for an amount of Rs.27,65,000/- only which was to be refunded with interest in 48 numbers of monthly installments started from 29.05.2012 to 24.06.2016 by executing a loan agreement dtd. 30.05.2012 an award of Arbitrator has been passed on dtd. 10.12.2013 on the said vehicle bearing Regn. No. OR-15S-6544 on the said matter of non-payment of outstanding dues.
As an Arbitrator’s award has been passed on the matter of said vehicle of the complainant bearing Regn. No. OR-15S-6544. In a case decided by Hon’ble National C.D.R. Commission in between the Installment Supply Ltd. Vrs. Kangra Ex-Serviceman Transport Co. and another ( Supra) wherein it has held that, “where an award has been passed by the arbitrator in such a case no complaint could be filed before the District Forum and the District Forum could not entertain that complaint and should not passed the order or overlooking the terms of award”. Relying on the above citation, this Hon’ble Forum bind its hand to decide any further on the said matter which has been decided earlier by the arbitrator.
In view of above facts and circumstances, we dismiss the present case with no costs.
Accordingly the case is disposed of.
Order pronounced in the open court today the 18th day of July’ 2016 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.
