Bihar

Jehanabad

CC/20/2019

Viran Singh - Complainant(s)

Versus

Mahavir Enterprises - Opp.Party(s)

Advt. Laxmi Pati Narayan

21 Aug 2023

ORDER

Complainant absent since after 27.02.2023, despite granting several adjournments on 24.03.2023, 19.04.2023, 08.05.2023, 31.05.2023, 16.06.2023, 08.07.2023, 22.07.2023 and even today.

Attendance on behalf of the OP no-1 and 3 has been filed through their respective advocates OP no-2 absent since after 30.05.2019 after filing of his show cause. Learned advocate for the OP no-3 submitted that he was financer for purchase of the tractor by the complainant and in the agreement vide point no-7 there was an arbitration clause according to which any kind of dispute arising between him and the complainant, dispute was to resolved through arbitration to be appointed by the parties within the jurisdiction of chennai. As such the present complaint against him is not maintainable. Even otherwise the dispute has been resolved and settled between them. Learned advocate for the OP no-1 was the seller of the tractor in question and he has no concern at all with the delivery of papers of the tractor and the trailer, and there is no deficiency on his part. A sum of Rs. 80,000 was to be paid to him by the complainant and as submitted para IV of the show cause of the OP no-1 but the same has not been paid and just in order to put pressure upon him the present complaint has been filed. Complainant is already flying the tractor and earning his livelihood as such the complaint against him is fit to be rejected out rightly.

In view of above said facts and the circumstances discussed above followed by absence of the complainant since long, present complaint is dismissed on account of lack of merit for satisfying the deficiency in service followed by this commission having no jurisdiction to adjudicate the dispute between the complainant and the OP no-3 on account of their being an arbitration clause in the agreement between the complainant and the OP no-3 followed by the  non-prosecution of the present complaint by the complainant.

Finally this complaint is dismissed on merit as well as non-prosecution and is not maintainable.