Orissa

Jajapur

CC/97/2015

Jamshed Alli Khan - Complainant(s)

Versus

Branch Manager,Magma Finance -Corp Ltd. - Opp.Party(s)

Chitaranjan Ojha

30 Mar 2016

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                                      Present:  1.Shri Biraja Prasad Kar, President,

                                                                                      2.Sri Pitabas Mohanty, Member,

                                                                                      3.Miss Smita Ray, Lady Member.

Dated the 30^th day of March,2016.

C. C. Case No.97 of 2015

Jamsed Alli Khan, S/O Rasul Khan

At- Sukinda Gada, P.O/P.S-Sukinda

Dist.- Jajpur                                         …………..Complainant.                                                                                      

                        (Versus)

1. Branch Manager, Magma Fin-Corp Ltd ,101-Nirmala plaza,At. Forest park

    Bhubaneswar, Dist. Khurda.

2.Chief Manager, Magma Fin-Corp Ltd ,Magma House,24 park street, Kolkata.

3. Branch Manager, Magma Fin-Corp Ltd, At/P.O. Jajpur Road,

  Dist. Jajpur.

                                                                                                            …………………………Opp.Parties.

For the Complainant:                     Sri B. Behera, Sri C.R. Ojha, Advocates.

For the Opp. Parties :                     Sri A.K.Pahil,Advocate.  

                                                                             Date of order    :   30.03.2016.

SHRI  PITABAS MOHANTY, MEMBER.

Deficiency in service is the grievance of the complainant.

                        Succinctly put, the brief  facts of the complainant are that the complainant purchased a Truck bearing Regd. No.0R-04-E-9378 on 26.03.2014 by obtaining financial assistance for a sum of Rs.4,41,056/- by executing  hire purchase agreement with the O.Ps.  including interest comes to  Rs.7,69,002/-  to which the petitioner is required to repay in 45  installments starting from 20.03.2014 to 20.12.2017.

                        That the complainant though  has already paid a sum of Rs.3,08,910/- till 15.10.2015 as against the principal outstanding amount is Rs.3,10,691/- but the O.Ps. illegally demanding  over dues charges  a  sum of Rs.80,825/- ,failing which the  O.Ps. threatens to repossess the vehicle forcibly by illegal means .                 .

                        Accordingly the complainant filed the present dispute with the prayer to direct the O.Ps. not to repossess the vehicle and to  declare that the ODC and others charges Rs.80,825/- are illegal and arbitrary as well as to award  of Rs.30,000/- to the complainant as compensation

                        On being noticed the O.Ps have appeared through their advocate and subsequently filed their written version taking the following pleas:-

1. That this Fora gets no jurisdiction to adjudicate the present dispute for which this dispute  is not maintainable.
2. That the complainant has not come in clean hand before the Forum and suppressed  the material fact of Arbitration award. The complainant is not maintainable when the Arbitration award already has been passed before filing of the dispute. It is also submitted by the O.Ps. that the recent judgment passed by the Hon’ble National Commission in R.P.No.1936/2015 decided on 03.11.2015 and the Hon’ble State Commission ,Odisha in R.P.nNo.97/2012 decided on 16.07.13 wherein  it is held that if the dispute have been decided by Arbitration subsequent complaint is not maintainable.
3. Admittedly the complainant is a chronic defaulter in repayment the loan dues as  evident from the complaint petition . A huge  of loan amount is outstanding against the petitioner .  The complainant bound by its terms and conditions of the agreement and if the complainant will not pay the installments  in due time then he is  bound to pay DPC charges.
4. The complainant has suppressed the fact that he has purchased the vehicle for  earning  profit  by playing the vehicle by engaging driver and not earning livelihood. Hence, the dispute is liable to be dismissed as not maintainable with exemplary cost.

                        On the date of hearing we perused the complaint petition , written version  as well as the documents filed from both the side. The O.Ps  have stated  in the written version, supported with the copy Arbitration award, that Arbitration Award has been passed against the complainant on 07.07.2015 by the Learned Arbitrator and the complainant has filed this dispute on 05.11.15 after the Award is passed by the Learned Arbitrator . Hence, this Fora lacks jurisdiction to interfere with the dispute.

                        On the above pleading and arguments we have referred the judgment of Hon’ble National Commission  Installment Supply Ltd. Vrs.Kangra Ex-service man Transport Co & others , judgment of Hon’ble State Commission Odisha in Tata Finance Ltd. Vrs. Niranjan Pal Revision petition No.97/2012 wherein it is held that :

“ A complaint can not be decided by the Fora in case the arbitration award is already     passed .”

In the instant case it is revealed from the record and copy of the Arbitration Award that award has been passed on  07.07.2015 and thereafter the petitioner has filed the consumer complaint on  05.11.2015.

                        Basing on the pleadings and documents available on record and circumstances of the case and decision cited above we are of the opinion that when the dispute having been decided and award has been passed by Sole Arbitrator the subsequent C.C. Case filed by the petitioner is not maintainable.

                                                            O R D E R

                                    In the net result the C.C. Case is dismissed . While dismissing the dispute we are in the opinion that the petitioner is at liberty to approach the proper Forum in respect of his grievance if he so likes . No cost.               

O R D E R

                        In the result the C. C. Case is disposed of as per the above directions on contest but without any costs.                         

                        This order is pronounced in the open Forum on this the 30th day of March ,2016. under my hand and seal of the Forum.