ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                       JUDGMENT

            Proceeding under Arbitration and Conciliation Act, 1996 was already initiated prior to filing of consumer complaint and interim order was passed by Arbitrator on 10.7.2023 and loan recall notice was issued on 04.01.2022. Suppressing the said fact complainant has obtained order dt.10.8.2023 and already paid 30% of pending EMI in pursuance of our orders and opposite parties have also accepted the said amount but the vehicle has not been released by opposite parties for which complainant has filed E.A. No.44/2023 seeking execution of order dtd.10.8.2023.

            Heard counsel for both parties. In view of the settled position of law by Hon’ble Apex Court in Kangra Ex-Serviceman case the present case is not maintainable as both proceedings cannot run concurrently.

            Therefore taking  a lenient view we dispose of the consumer complaint directing the opposite parties to settle the dispute by restructuring the loan and by taking another 20% of pending EMIs and release the vehicle and complainant shall pay regular EMI and abide by the settlement of opposite parties and order of Learned Arbitrator. With the aforesaid observation and direction the consumer complaint and I.A. No.201/2023 are disposed of. No cost.

            Pronounced in the open Commission on this 26^th October,2023.