DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 126 OF 2017

Sanjay Kumar Yadav (52 Yrs.),

S/O- Parshuram Yadav,

RO: D lane,OMP Colony,PO: Lamtibahal,PS: Brajrajnagar, 

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

Versus

1. Branch Manager,

Tata Motors Finance Ltd., TMFL Rourkela Branch, PS: Rourkela,

Dist: Sundargarh, Odisha.

2. Branch Manager,

Tata Motors Finance Ltd., TMFL Sambalpur Branch,

At/PO/PS: Ainthapali

Dist- Jharsuguda,Odisha…………………...…….…..….……..Opp. Parties.

Counsel for the Parties:-

For the Complainant                                  S.P.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.17,52,000/- only plus interest from the O.Ps. and purchased one vehicle bearing Regn. No.OD-23-2763hich was to be returned with interest within 02.01.2016 in monthly installments. The complainant has paid more than Rs.20,81,400/- only but the O.Ps are demanding Rs.5,30,000/- only illegally and threating to seize the vehicle, hence this case.

The O.Ps. 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 27.07.2015 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. This Hon’ble Forum has pleased to pass an order bearing C.C. Case No. 104 of 2016 deciding the same matter of the complainant but having separate cause of action which has been raised by  the O.Ps. The O.P filed a copy of arbitration award dt.27.07.2015 and also dtd.18.05.2015 against the complainant. In a case between Instalment Supply Ltd. Vrs. Kangra Ex-Serviceman Transport Co. & Anr. reported in (2007) 1 CPJ-34 Hon’ble National CDR Commission, New Delhi has decided 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 November’2017 but prior to filing of this case an arbitral award has already been passed on dtd.27.07.2015.

As per the above mentioned landmark judgment of Hon’ble National CDR Commission, New Delhi this Hon’ble Forum bind its hands to decide the present case in any manner, hence the case of complainant is hereby dismissed 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