Orissa

Jharsuguda

CC/90/2017

Nupen Kumar Pradhan S/O- Mandhata Pradhan - Complainant(s)

Versus

Branch Manager ,TATA Moters Finance Ltd. - Opp.Party(s)

S.P. Rai

13 Feb 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 90 OF 2017

 

Nupen Kumar Pradhan(31 Yrs.),

S/O- Mandhata Pradhan,

RO: Barakhandia, PO: Loisingh, PS: Brajrajnagar, 

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

                                                 

Versus

 

1. Branch Manager,

Tata Motors Finance Ltd., Sambalpur Branch,

At/PO: Budharaja, PS: Ainthapali,

Dist: Sambalpur, Odisha.………………...…….…..….……..Opp. Party.

 

Counsel for the Parties:-

For the Complainant                                 S.Rai, Adv. & Associates.

For the Opp. Parties                                 T.K.Harichandan,Adv. & Associates.

 

Date of Order: 13.02.2018

 

Present

1. Shri Sundar Lal Behera, President.

 2. Shri Santosh Kumar Ojha, Member.

 3. Smt. Anamika Nanda, Member(W).

 

Shri Sundar Lal Behera, President: -The brief facts of the complainant’s case is that, the complainant avail loan of Rs.20,25,000/- only plus interest from the O.Ps. and purchased one vehicle bearing Regn. No.OD-23A-1941 which was to be returned with interest within 11.09.2018 in monthly installments. As on 21.02.2017 the complainant has paid more than Rs.20,00,000/- only as on March’2017 and Rs.8,75,000/- only is due till August’2018 but the O.P is demanding Rs.10,00,000/- only illegally and threating to seize the vehicle, 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 O.P submitted that an arbitral award has been passed on 15.02.2017 against the loan account of the complainant and the present case is entitled to be dismiss.                                                                                                

Heard and perused the case record along with materials available. The O.P filed a copy of arbitration award dt.15.02.2017 and a copy of citation of Hon’ble National CDR Commission of a case between Instalment Supply Ltd. Vrs. Kangra Ex-Serviceman Transport Co. & Anr. reported in (2007) 1 CPJ-34 where it has held that “ the issue involved in this case is whether a complaint can be decided by the consumer For a in arbitration award is already passed.  The simple answer to this question is no”. In this case the case has been filed in August’2017 but prior to filing of this case an arbitral award has already been passed on dtd.15.02.2017.

Hence on the above mentioned ground the present case is hereby dismiss with no costs. 

            Accordingly the case is disposed of.

Order pronounced in the open court today the 13^th day of February’ 2018. Free copy of this order shall be supplied to the parties as per rule. 

 

          I Agree.                I Agree

                                                                                                                       

A. Nanda,Member(W)            S.K.Ojha, Member              S. L. Behera, President

                                                          

Dictated and corrected by me

 

   S. L. Behera, President