Date of filing of the case-08.02.2017

       Date of order                  -24.04.2018

ORDER.

Sri A.K.Purohit, President.

1.              The case of the complainant is that, he had purchased a Tata Ecco vehicle vide Regd. No.OR-03G-3404 with the financial assistance of the O.P. Again during continuation of  of the loan agreement of the aforesaid vehicle the complainant purchased a Maruti Swift car vide Red. No.OR-03H-7557 with the financial assistance of the O.P. The complainant alleges that, although he had paid the entire loan amount for vehicle No.OR-03G-3404, the O.P did not issue the NOC nor has returned the blank cheque which he had received at the time of finance. The further case of the complainant is that, after repayment of 48 installment for vehicle No.OR-03H-7557,the complainant wants to repay the entire outstanding loan amount, but instead of settling the loan the O.P initiated Arbitration proceeding and proceeding under the NI Act against the complainant. Hence the complainant preferred this consumer complaint with a prayer to direct the O.Ps to withdraw all litigations against the complainant.

2.              Both the O.Ps have contested the case by filing their written version. Although the O.Ps have mentioned annexure in their version, but they have filed the version without annexure. However on perusal of the same it is seen that, the O.Ps have denied all the allegations of the complainant and submitted that, they have acted as per the terms and conditions of the loan contract and hence there is no deficiency in service on their part.

3.                 Heard the complainant. O.Ps are absent on the adjourned date of hearing. Perused the written version. The O.Ps have not filed any documents in support of their case. Perused the documentary evidence filed by the complainant.

4.                 During course of hearing the learned advocate for the complainant submitted that, NOC in respect of the TATA Ecco vehicle vide Regd.No.OR-03G-3404 has already been issued by the O.Ps. So far as the loan relating to Maruti Swift car vide Regd. No.OR-03H-7557 is concerned, it is seen that an arbitration award has already been passed in Arbitration No.185280 prior to filing of this case for the said loan amount. It is submitted by the learned advocate for the complainant that, the case is maintainable u/s.3 of the C.P.Act, even if an award is passed by the arbitrator. This contention of the complainant cannot be accepted for the reason that the arbitration award is executable and after passing of the same, issue of any further direction to recall the said award is without jurisdiction of the consumer forum. Hence the prayer of the complainant for a direction to withdraw all litigations against the complainant is without jurisdiction of the Consumer Forum.

5.                 Further it is seen from the complaint petition that, after repayment of 48 installments, the complainant had defaulted in making payment of 12 installments. When the complainant defaulted in making repayment of loan amount, the O.Ps have no legal bar to proceed as per the loan agreement. Therefore, considering from any angel, there is no merit in the case of the complainant.

                    Accordingly the case of the complainant is dismissed.

            Order pronounced in open forum this the 24^th day of April 2018.

             Sd/-                                                                              Sd/- 

        (S.Rath)                                                                     (A.K.Purohit)

      MEMBER                                                                     PRESIDENT