The Advocate for both the Parties are present. We have already heard both sides in this case on 30.10.2017 on the point of maintainability in view of award passed by the sole arbitrator. Perused the documents filed by both sides. It has been argued on behalf of the O.Ps that when there is an arbitration clause in the agreement, the case is not maintainable. In the subsequent stage, the case has been referred to sole arbitrator and award has already been passed in the mean time. So, this case is not maintainable at this stage. On the other hand, it has been argued on behalf of the Complainant that even if award has been passed, this case is maintainable in view of Section-3 of C.P Act, 1986. The Section-3 of C.P Act, 1986 reads as follows:- “Act not in derogation of any other law- The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force”. In the Revision Petition No.97/2012 decided on 16.07.2013 in the case of Sangram Rout, acting as Manager and representing TATA MOTORS FINANCE LIMITED (Vrs.) Niranjan Palai, wherein it has been held by the Hon’ble State C.D.R Commission, Orissa, Cuttack that “Even though Section-3 of the Consumer Protection Act, 1986 lays down that the said Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force, when the dispute having been decided, award was made by the sole arbitrator, the subsequent C.D Case was not maintainable”.

                                        On perusal of the case record, it has been found that award has been passed in this case by the sole arbitrator on 25.01.2017 and this case was filed on 28.12.2016. By that time, award has not been passed. According to settled principle of Law, even if there is an arbitration clause in the agreement, it is not a bar for the entertainment of the Complainant by the CDRFs and Commissions. However, in the present case, after filing of this case, the award has been passed as mentioned earlier.  

                                        So, now on careful consideration of all the materials available in the case record and on the basis of principle laid down by the above Authority as discussed earlier, this Forum come to the conclusion that this Consumer case is not maintainable at this stage after passing of award by the sole arbitrator and this case is dismissed accordingly. The petition dtd.23.10.2017 filed by the Complainant became in fructuous and disposed of accordingly.