<br /> <br /> <br /> CC 1590/07 Mr. Inayuth Ulla V/s City Financial Consumer Finance India Ltd.,<br /> <br /> Heard the counsel for the complainant regarding admission.<br /> <br /> The complainant has filed this complaint against the Op for a direction to the Ops to furnish up to date statement of account pertaining to 4 loan accounts mentioned in the complaint and to award damages.<br /> <br /> It is not in dispute that the complainant had maintained 4 loan accounts with the Ops and availed certain loans. The complainant in Para 5 of this complaint has admitted that the Op had initiated Arbitration proceeding for recovery of Rs.50,87,547.98 set to be due under the above 4 loan accounts and the matter has been referred to the Arbitrator and the Arbitrator has passed an award in favour of the Op. Learned counsel representing the complainant in the course of his submission argued that the complainant has challenged the validity of the award passed by the Arbitrator before the Civil Court and the same is pending. When such an exhaustive proceeding is initiated, questioning the validity of the award before the Civil Court, the complainant can definitely submit before the Civil Court as to what his defense and even make a submission with regard to non-furnishing of statement of accounts by the Op where in the Civil Court in its exhaustive jurisdiction can definitely consider the defense of the complainant and order accordingly. When the issue of recovery of the amount from the complainant is pending before the Civil Court, parallel proceeding in another form cannot be initiated before another forum. Hence, complaint in our view is not bonafides. Therefore, complaint is dismissed at the stage of admission.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />