MRS SUSMITA MISHRA, PRESIDENT:-
The Complainant has filed the C.C.Case No. 52/2024 U/s-35 of C.P.Act, 2019 seeking the following relief:
“ After hearing both the parties the Hon’ble Commission direct the Op to not to repossess the vehicle No.OD-35E-7337(Tipper) to the complainant and passed an appropriated order. Further directed to the Op to pay Rs. 2,20,000/- towards compensation to the complainant for loss of business, mental agony & litigation cost”.
Final award under Arbitration and Conciliation Act-1996 has been passed on 31.03.2023 i.e, much prior to filing of this C.C.Case before this Commission on dt. 23.04.2024. As such the consumer complainant is not maintainable and liable to be dismissed.
However the Counsel for Complainant submitted that he wants to settle the loan in OTS. Taking a lenient view we direct the Op to consider the OTS application if filed by the Complainant sympathetically in accordance with Rules.
With the aforesaid observation and direction the C.C.Case No. 52/2024 is accordingly disposed off. No order as to cost.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 25th day of November,2024.
I, agree,
SD/- SD/-
MEMBER PRESIDENT
