PER MR.B.S.WASEKAR, HON’BLE PRESIDENT

1)                The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986.  According to the complainant he had purchased the vehicle Scorpio bearing No.MH-06-AN-7237 from Global Galleries Agencies for Rs.7,03,267/- on 10^th April, 2008.  He deposited initial payment of Rs.1,47,000/- and took loan of Rs.5,56,267/- from the opponent.  It was to be repaid by 48 months with EMI of Rs.15,034/-.  The opponent never provided sanction letter and loan agreement to the complainant. The complainant requested several times to provide the loan documents but the same were not provided.  The matter was informed to the police station also.  The loan agreement copy was provided to the complainant on 26^th May, 2011.  In the said document, vehicle amount is shown Rs.7,11,267/- though actual amount is Rs.7,03,267/-.  The loan amount is shown Rs.6,33,000/- though actual amount Rs.5,56,267/- was disbursed.  There was no guarantor.  The complainant vide letter dated 3^rd June, 2011 brought these discrepancies into the notice of the opponent.  The opponent on 26^th November, 2014 forcibly took away the vehicle without prior notice to the complainant and police station.  The complainant thereby suffered huge loss therefore, police complaint was lodged on 27^th November, 2014.  The opponent committed cheating and breach of trust.

2)                The complainant was called for arbitration proceeding on 14^th October, 2010 and on 12^th February, 2014.  The complainant attended the arbitration proceeding on 14^th October, 2010.  The complainant sent letter to Arbitrator dated 21^st February, 2012 and 9^th March, 2012.  The Arbitrator passed the award in favour of the opponent unilaterally.   The opponent has committed cheating and breach of trust thereby the complainant suffered loss.  Hence, the complainant has filed this complaint for injunction on the sale proceedings of the vehicle.  He has also claimed compensation of Rs.15 Lakhs.  He has prayed for possession of the vehicle. 

3)                The opponent appeared and filed written statement.  It is submitted that the Arbitrator was appointed and the Arbitrator passed the award.  The complainant took part in the Arbitrator proceeding.  As the Arbitrator passed the award, the consumer proceeding is not maintainable.  The opponent filed application with the prayer to dismiss the complaint as the complaint is not maintainable in view of the arbitration award.  The application is opposed by the complainant.  According to the complainant, the consumer complaint is maintainable even though there is an arbitration award. 

4)                Heard the learned advocate for both the parties and perused the documents including the award passed by the Arbitrator.

5)                In the complaint itself, the complainant has stated that he received the notice from Arbitrator and he attended the office of the Arbitrator on 14^th October, 2014.  As per para 9 of the complaint, the complainant was aware about the arbitration proceeding and he took part in the arbitration proceeding.  The award was passed by the Arbitrator.  The complainant has not challenged the said award. Therefore, it is binding on both the parties.  It is submitted by the learned advocate for the complainant that even though there is arbitration award still the proceeding is maintainable.  For this purpose, he has placed reliance on the judgments of our State Commission in First Appeal No.491 of 2011, in the case of shri Dilip Kabra –Versus- Sterling Holiday Resort, decided on 21^st February, 2014 and in First Appeal No.82 of 2013, in the case of Mrs.Ritu Uppal & Anr. –Versus- Mahindra Holidays and Resorts India Limited & Anr., decided on 30^th July, 2014. In both these judgments, there was no award passed by the Arbitrator.  There was only agreement.  In the instant complaint before us, the complainant took part in the arbitration proceeding and the Arbitrator passed the award.  Therefore, the abovesaid judgments are not applicable. The complainant has not challenged the said arbitration award before the proper Forum. This Forum is not the proper Forum to entertain the grievances against the arbitration award. The learned advocate for the opponent has submitted that once the arbitration award is passed, it is binding on the party and it can not be challenged before the Consumer Forum. For this purpose, she has placed reliance on the judgment of Hon’ble National Commission reported in I (2007) CPJ 34 (NC) in the case of Instalment Supply Limited –Versus- Kangra Ex Serviceman Transport Company & Anr., decided on 5th October, 2006. In this judgment, the Hon’ble National Commission has held that the award of Arbitrator is binding on the parties and the Consumer Forum can not interfere with it. In the instant complaint before us, arbitration award is already passed after giving notice to the complainant and the complainant took part in the said proceeding. In view of this arbitration award, the present complaint is not maintainable.  Hence, the following order.

ORDER

1. Complaint stands dismissed.
2. Parties are left to bear their own costs.
3. Inform the parties accordingly.

Pronounced on 20^th November, 2015