Orissa

StateCommission

RP/14/2020

Branch Manager, Tata Motors Finance Limited., - Complainant(s)

Versus

Jitendra Sahoo - Opp.Party(s)

M/S R.K. Pattanaik & Assoc.

18 Aug 2020

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/14/2020
( Date of Filing : 02 Mar 2020 )
(Arisen out of Order Dated 19/02/2020 in Case No. Complaint Case No. CC/72/2019 of District Anugul)
 
1. Branch Manager, Tata Motors Finance Limited.,
(Formerly Known as Sheba Properties Ltd.,)At- Angul Town, Kamala Bhawan, Ground Floor, NH-55, PO/PS/Dist- Angul.
2. Tata Motors Finance Limited.,
(Formerly Known as Sheba Properties Ltd.,)At- Kharvelnagar, 1st Floor, Keshari Talkies, Bhubaneswar-751001.
...........Appellant(s)
Versus
1. Jitendra Sahoo
C/o- Basanta Sahoo, At/Po- Danra, PS- Collery, Near Temple.Angul-759103.
Angul
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
  Dr. Smarita Mohanty MEMBER
 
For the Petitioner:M/S R.K. Pattanaik & Assoc., Advocate
For the Respondent:
Dated : 18 Aug 2020
Final Order / Judgement

Learned counsel for the petitioners is present.

OP is absent. Service against the OP is found sufficient.

Heard learned counsel for the petitioners.

2.      It is submitted by the learned counsel for the petitioners that the learned District Forum has passed interim order directing the present petitioners to release the vehicle on receipt of Rs.3.00 lacs from the OP and such order is illegal because the present petitioners have already filed objection to the interim petition stating that the complainant’s Misc. Petition is not maintainable in view of the fact that the arbitrator has already disposed of the matter by giving award and by virtue of the order of the arbitrator, they have seized the vehicle. According to  the learned counsel for the petitioners, the interim order is not maintainable since the complaint is not maintainable in view of the arbitral  award.

3.      We went through the impugned order and the impugned order does not whisper about any arbitration award but the objection to the Misc. Case filed before the learned District Forum shows that the present petitioners have already raised about maintainability of the consumer complaint in view of the arbitral award. Since the maintainability of the case has not been heard and the interim petition has been disposed of giving the above direction, without entertaining the merit of the case, we hereby direct the learned District Forum to pass order on the maintainability of the consumer complaint within 30 days from the date of receipt of this order. Copy of this order be supplied to the learned counsel for the petitioners to produce the same before the learned District Forum on 25.8.2020. Till then the interim order dated 19.2.2020 be stayed.

4.      The revision petition is disposed of accordingly.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[ Dr. Smarita Mohanty]
MEMBER
 

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