Orissa

Kendrapara

CC/133/2023

Krushna Mohan Chhotray - Complainant(s)

Versus

Branch Manager, - Opp.Party(s)

Sri Braja Mohan Sarangi

21 Nov 2023

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/133/2023
( Date of Filing : 05 Sep 2023 )
 
1. Krushna Mohan Chhotray
S/o- Subash Chandra Chhotray At- Tirumala Dist-Cuttack
Odisha
...........Complainant(s)
Versus
1. Branch Manager,
Mahindra & Mahindra Fin Services Ltd. At/Po- Rasulgarh Bhubaneswar Dist-Khurda
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri Braja Mohan Sarangi, Advocate for the Complainant 1
 Sri Rajendra Ku. Sahoo & Associates, Advocate for the Opp. Party 1
Dated : 21 Nov 2023
Final Order / Judgement

MR. PRAVAT KUMAR PADHI, PRESIDENT:-

         The Complainant has filed the C.C.Case No. 133/2023 U/s.35 of Consumer Protection Act, 2019 seeking not to stop the vehicle (Car) bearing Regd. No.OD-02AS-9083 and to the vehicles ply and to produce account statement before this Hon’ble Court for repay the loan amount on rephasement basis.

            Op party has filed his written version stating therein the C.C.Case is not maintainable in view of the final award under Arbitration & Conciliation Act, 1996 has been passed on dt. 17.01.2022 i.e, much prior to filing of present C.C.Case and as such the present C.C. case is not maintainable and order dt. 05.09.2023 is hereby vacated. If the Complainant makes any application for OTS then the Ops may be considered the same as per the provisions of agreement/law/rules and regulations.

        With the aforesaid observation and direction the C.C.Case No.133/2023 along with I.A No. 80/2023 are hereby dismissed and accordingly disposed off.  No order as to cost.

                         Issue extract of the order to the parties concerned.   

           Pronounced in the open Commission, on this the 21st  day of November,2023.            

                              I, agree

                                     Sd/-                                                      Sd/-

                               MEMBER                                            PRESIDENT

 
 
[HON'BLE MR. Pravat Kumar Padhi]
PRESIDENT
 
 
[HON'BLE MR. Bibekananda Das]
MEMBER
 

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