Orissa

Anugul

CC/72/2019

Jitendra Sahoo - Complainant(s)

Versus

Branch manager, TATA Motors Finance Ltd. - Opp.Party(s)

Md Azad

15 Sep 2020

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
ANGUL
 
Complaint Case No. CC/72/2019
( Date of Filing : 21 Nov 2019 )
 
1. Jitendra Sahoo
At/ P.O-Danra,P.S-Colliery, Near Temple, Dist-Angul,Pin-759103
Angul
Odisha
...........Complainant(s)
Versus
1. Branch manager, TATA Motors Finance Ltd.
(Formerly known as Sheba Properties Ltd.) At-Angul Town, Kamala Bhaban, Ground floor, N.H-55,P.O/P.S/Dist-Angul
Angul
Odisha
2. Regional Manager,TATA Motors Finance Ltd.
(Formerly known as Sheba Properties Ltd.) At-Kharvel Nagar, 1st floor, Keshari Talkies, Bhubaneswar-751001
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Durga Charan Mishra PRESIDENT
 HON'BLE MRS. Sunanda Mallick MEMBER
 HON'BLE MR. Kalyan Kishore Mohanty MEMBER
 
PRESENT:
 
Dated : 15 Sep 2020
Final Order / Judgement

           Learned counsel for both the parties are present. Heard  both of  them. On going through the written statement filed by the learned counsel for the OPs from the very first day of  his appearance, it is found that the Arbitral Tribunal had already adjudicated the  dispute as per award on 21.02.2019. But unfortunately interim order passed on 19.02.2020 in favour of the complainant. The OPs challenged this before the Hon’ble State Commission and the impugned order dtd.19.02.2020 is stayed along with a direction to pass order on maintainability of the consumer complaint case to this commission.

          Perused the case record. It is not out of the place to mention that the OPs has raised objection about the maintainability of the case on the ground that the arbitrator has already disposed of the matter by giving award. Our attention is drawn to the decision of Hon’ble National Commission in Instalment supply limited Vrs. Kangra Ex. Serviceman transport Co. & another reported in (2007) 1 CPJ 34 wherein the Hon’ble National Commission held that the  consumer complaint can not be decided by the consumer commission after an arbitrator award is already passed. With reference to this decision of the National Commission relied on behalf of the OPs we are of the considered view that the objection raised by the OPs has got force. Such a dispute is therefore held to be not to fall within the purview of C.P.Act and as such the redressal relief sought for in this case can not be made available to the complainant.

          The case is thus held to be devoid of any merit and accordingly the same stands dismissed. In the circumstances there shall be no order as to cost.

 
 
[HON'BLE MR. Durga Charan Mishra]
PRESIDENT
 
 
[HON'BLE MRS. Sunanda Mallick]
MEMBER
 
 
[HON'BLE MR. Kalyan Kishore Mohanty]
MEMBER
 

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