Orissa

StateCommission

RP/15/2020

Managing Director, Tata Motors Finance Ltd. - Complainant(s)

Versus

Sampad Kumar Swain - Opp.Party(s)

M/S R.K.Pattanaik & Associateses

18 Aug 2020

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/15/2020
( Date of Filing : 06 Mar 2020 )
(Arisen out of Order Dated 11/02/2020 in Case No. CC/04/2020 of District Jagatsinghapur)
 
1. Managing Director, Tata Motors Finance Ltd.
Nanavati Mahalaya, 3rd Floor, 18 Homi Mody Street, Mumbai-400001.
2. Senior Branch Manager, TATA Motors Finance Ltd.,
Keshari Talkies Complex, Plot No.-98, Kharvel Nagar, Bhubaneswar.
Khurda.
...........Appellant(s)
Versus
1. Sampad Kumar Swain
S/o- Prafulla Kumar Swain, Vill- Otharapa, Ps- Balikuda.
Jagatsinghpur.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
  Dr. Smarita Mohanty MEMBER
 
For the Petitioner:M/S R.K.Pattanaik & Associateses, Advocate
For the Respondent: M/s. N.K. Dash & Associates., Advocate
Dated : 18 Aug 2020
Final Order / Judgement

Learned counsel for the petitioners is present.

Mr N.K.Dash, learned counsel and associates file Vakalatnama on behalf of the OP which is accepted and kept on record.

Heard learned counsel for the parties.

2.      Considered the submission of learned counsel for the parties and also perused the impugned order.

3.      From the impugned order, it appears that the learned District Forum is aware of the arbitration proceeding where the arbitrator has passed order against the present complainant.

4.      The learned counsel for the petitioners submitted that he has also raised objection before the learned District Forum stating that the complaint is not maintainable in view of arbitration proceeding.

5.      Learned counsel for the OP submitted that the OP is not aware of the arbitration proceeding as no notice was served on the OP.

6.      After going through the copy of the arbitration award, it appears that arbitrator has passed order directing the present OP to deposit Rs.16,02,375.37 with interest  and there the present OP has not participated for the reasons best known to him.

7.      Be that as it may, when the arbitration award if alleged before the learned District Forum and maintainability of the case is alleged by the petitioners, it is prudent for the learned District Forum to dispose of the matter first on the maintainability of the consumer complaint. But without doing so they have passed the interim order directing the petitioners to release the vehicle on receipt of Rs.2,64,850/- which is not proper. Hence, the revision petition is disposed of with direction to the learned District Forum to hear the consumer complaint on the question of maintainability in view of the discussion made above and pass order appropriately after hearing both the parties. Till disposal of that case the interim order shall not be given effect to. Both the parties are directed to appear before the learned District Forum with copy of this order on 25.8.2020 and take further instruction from it. The learned District Forum is expected to dispose of the matter on maintainability of the complainant within 30 days from the date of production of the copy of this order before it.

8.      The revision petition is disposed of accordingly.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[ Dr. Smarita Mohanty]
MEMBER
 

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