Uttar Pradesh

StateCommission

A/1148/2017

Haji Abdul Razik - Complainant(s)

Versus

City CorporationFinance (India) Ltd - Opp.Party(s)

Self

15 Mar 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP
C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010
 
First Appeal No. A/1148/2017
( Date of Filing : 29 Jun 2017 )
(Arisen out of Order Dated 26/05/2017 in Case No. C/244/2013 of District Agra-II)
 
1. Haji Abdul Razik
S/O Late Shri Abdul Aziz R/O 23/444/1 Wazirpura P.S. Hariparwat Distt. Agra At Present Address H.No. Kolahi Shah Ganj Distt. Agra 282002
...........Appellant(s)
Versus
1. City CorporationFinance (India) Ltd
G.R.D. Friends Tower No. 41/49 Sanjay Place Hariparwqat Distt. Agra
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Rajendra Singh PRESIDING MEMBER
 HON'BLE MR. SUSHIL KUMAR JUDICIAL MEMBER
 
PRESENT:
 
Dated : 15 Mar 2023
Final Order / Judgement

ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 1148 of 2017

Haji Abdul Razik s/o Late Shri Abdul Aziz,

R/o 23/444/1, Wazirpura, P.S. Hariparwat,

Distt. Agra at present address H.NO.Kolahi,

Shah Ganj, Distt. Agra-282002                            ...Appellant.

Versus

1- City Corporation Finance (India) Ltd., GRD

    Friends Tower No.41/49, Sanjay Place,

    Hariparwat, Distt. Agra.

2- Senior Manager/Incharge, Shri Navrant Singh,

    City Corporation Finance (India) Ltd., City

    Financer No.5 LCC, Pushvihar, New Delhi-110062

3- General Manager, City Corporation Finance (India)

    Ltd., (Regd.) office, City Center, 5th Floor,

    Plot C-61, Bandra, Kurla Complex, G-Block,

    Bandra East, Mumbai-400051                  …Respondents.

Present:-

1- Hon’ble Sri Rajendra Singh, Presiding Member.

2- Hon’ble Sri Sushil Kumar, Member.

Smt. Ritu Sood, Advocate for appellant.

None for the respondents.

Date 15.3.2023

JUDGMENT

Per Sri Sushil Kumar,  Member- This appeal has been filed against the judgment and order dated 26.5.2017 passed by the ld. District Forum-II, Agra in complaint case no.244 of 2013, whereby the complaint was dismissed on the ground that since the arbitrator adjudicated the dispute between the parties, therefore, after this adjudication by the arbitration consumer complaint is not maintainable.

We have heard ld. counsel for the appellant Smt. Ritu Sood only and perused the impugned judgment and order. None appeared for the respondents.

Ld. counsel for the appellant argued that  the financed vehicle was snatched away by the respondents illegally. The complainant repaid handsome amount of loan and was capable to repay the remaining amount also but without

(2)

giving any notice snatched away the vehicle and fabricated the receipt of notice for the purpose of showing the issuance of notice. Therefore, there is no value of such notice and the complainant entitled to get the vehicle back and other compensation as prayed in the complaint.

For appropriate adjudication of this appeal, question of notice is not involved but the real question is whether a consumer complaint is maintainable, once arbitrator adjudicated the dispute in question ?

On this point there is law given by the Hon’ble NCDRC in R.K. Mongo vs. Chief Administrator & ors., 2008(4) CPR 74 (NC) that consumer complaint is not maintainable once consumer had adopted certain rout of his own freewill to get relief from another competent forum. In this case, arbitrator adjudicated the matter on merit. Therefore, there is no occasion to file consumer complaint after adjudication by the arbitrator. Hence, there is no occasion to interfere with the judgment of the ld. District Forum. The appeal deserves to be dismissed.      

ORDER

          Appeal is dismissed.

          The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.       

 

            (Sushil Kumar)                          (Rajendra Singh)

                  Member                              Presiding Member

 

Judgment dated/typed signed by us and pronounced in the open court.

Consign to record.

 

           (Sushil Kumar)                          (Rajendra Singh)

                  Member                              Presiding Member

Jafri, PA I

Court 2

 

 

 
 
[HON'BLE MR. Rajendra Singh]
PRESIDING MEMBER
 
 
[HON'BLE MR. SUSHIL KUMAR]
JUDICIAL MEMBER
 

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