MR. BIBEKANANDA DAS, MEMBER :-
The Complainant has filed the C.C.Case No. 159/2023 U/s-35 of C.P.Act, 2019 seeking the following relief:
“ After hearing the both parties the Hon’ble Commission directed to the Ops to return of the vehicle No. OD-05P-0038(Tractor) to the complainant and passed an appropriated order. Further directed to the Ops to pay Rs. 3,20,000/- towards compensation of loss of business, mental agony & litigation cost”.
Final award under Arbitration and Conciliation Act-1996 has been passed on 20.08.2022 i.e, much prior to filing of this case before this Commission on dt. 30.10.2023. As such the consumer complainant is not maintainable.
Counsel for Complainant submitted that he has filed the writ petition against the order of Learned Arbitrator, which has no connection with the C.C. Hence we heard the C.C. on merit.
Counsel for Complainant submitted that he has deposited @30% of defaulted EMI as directed to by this Commission but the same is not carried out. We therefore direct the Ops to release the vehicle & complainant is directed to pay rest @20% after release of vehicle within a week & shall pay regular EMI. If the Ops shall not comply the under then they shall pay Rs. 100/- per day. Accordingly the C.C.Case No. 159/2023 is hereby dismissed. No order as to cost.
Issue extract of the order to the parties concerned.
Pronounced in the open Commission, on this the 30th day of July,2024.
I, agree
Sd/- Sd/-
PRESIDENT MEMBER
