NCDRC

NCDRC

RP/4811/2012

A. NAGAMMA - Complainant(s)

Versus

MANAGER, ASHOK LEYLAND FINANCE LIMITED - Opp.Party(s)

MR. V. SRIDHAR & CH. LEELA SARVESWAR

31 Jan 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4810 OF 2012
 
(Against the Order dated 30/08/2012 in Appeal No. 1040/2010 of the State Commission Andhra Pradesh)
1. M/S. SRI MUNINARAYANA EDUCATIONAL SOCIETY
Rep by its Secretary, V.C Muninarayana Chetty
CHITTOR
A.P
...........Petitioner(s)
Versus 
1. MANAGER, ASHOK LEYLAND FINANCE LIMITED
D.No-20-108 Naidu Buildings
CHITTOR
A.P
...........Respondent(s)
REVISION PETITION NO. 4811 OF 2012
 
(Against the Order dated 30/08/2012 in Appeal No. 1039/2010 of the State Commission Andhra Pradesh)
1. A. NAGAMMA
...........Petitioner(s)
Versus 
1. MANAGER, ASHOK LEYLAND FINANCE LIMITED
D.No-20-108, Naidu Buildings
...........Respondent(s)
REVISION PETITION NO. 4812 OF 2012
 
(Against the Order dated 30/08/2012 in Appeal No. 1040/2010 of the State Commission Andhra Pradesh)
1. M/S. SRI MUNINARAYANA EDUCATIONAL SOCIETY
Rep by its Secretary V.C Muninaryana Chetty R/o D.No-9-11 Palamaner Town(Post & Mandal)
CHITTOOR
A.P
...........Petitioner(s)
Versus 
1. MANAGER, ASHOK LEYLAND FINANCE LIMITED
D.No-20-108, Naidu Buildings
CHITTOOR
A.P
...........Respondent(s)
REVISION PETITION NO. 4813 OF 2012
 
(Against the Order dated 30/08/2012 in Appeal No. 1041/2010 of the State Commission Andhra Pradesh)
1. M/S. SRI MUNINARAYANA EDUCATIONAL SOCIETY
Rep by its Secretary V.C Muninarayana Chetty, R/o D.No-9-11 Palamaner Town (Post & Mandal)
CHITTOOR
A.P
...........Petitioner(s)
Versus 
1. MANAGER, ASHOK LEYLAND FINANCE LIMITED
D.No-20-18, Naidu Buildings
CHITTOOR
A.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
In all the 4 RPs : Mr. V. Sridhar , Advocate
For the Respondent :NEMO

Dated : 31 Jan 2013
ORDER

PER JUSTICE J.M. MALIK

 

 

            Counsel for the petitioners present.  This is an indisputable fact that the Arbitrator has already passed Award, which has attained finality. This is not the case where Arbitration Clause is there or Arbitration proceedings are pending.   Consequently, we are bound by that judgment and these revision petitions arise out of same cause of action, hence these petitions are not maintainable.  It is well settled that Judgment passed by the Civil Court binds the consumer Foras. A divergent and contradictory Judgment should not and cannot be passed.

The Foras below have already decided that the petitioners are not the Consumers and without going into that question all the four revision petitions are hereby dismissed.

         

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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