Orissa

Jharsuguda

CC/12/2018

Amitabh Gupta S/O- Chinni Gupta - Complainant(s)

Versus

Branch Manager, Tata Moters Finance ltd. - Opp.Party(s)

PRM Rao

10 Jul 2018

ORDER

 

10.07.2018          Today the case is fixed for hearing of the petition. The complainant is absent on call as well as the  O.P.

 

                                    On perusal of the case record it appears that an objection petition on the ground of non-maintainability was filed by the O.P along with a copy of petition for complainant, which is unserved till date and attached in the case record.  Further it reflects that an arbitral award has already been passed against the complainant on dt. 08.09.2016 relating to the vehicle in question bearing Regn.No.OD-15A-6033 prior to filing of this case.

                                    The complaint petition also reflects that a C.C. Case bearing No. 81/2016 of complainant was decided earlier by this Forum on the same vehicle bearing Regn. No. OD-15A-6033 on the ground that “An arbitral award has been passed against the complainant on the same matter prior to filing of the case, thus this Hon’ble Forum bind its hands to decide the matter, hence the present case is hereby dismissed with no costs.”

Initially after filing of this case the complainant was granted an ex-parte interim relief from this Forum on dtd. 02.02.2018. Though the complainant raised different cause of action in this case but at this juncture the present case is not maintainable at all in the eye of law.

Hence the present complaint is hereby dismissed with no any  liberty to the complainant to raise the matter relating to the vehicle bearing Regn. No. No.OD-15A-6033 before this Forum in future.

 

Accordingly the present case is disposed of.

 

                                                                                                           

                     Member(W)                                   Member                                          President.