Haryana

Yamunanagar

CC/298/2023

Gurpreet Singh S/o Daljeet Singh - Complainant(s)

Versus

Shriram Finance Company - Opp.Party(s)

K.K.Gupta

03 Nov 2023

ORDER

CC No.298 of 2023.

Gurpreet Singh         Vs.     Shri Ram.

 

Present:       Sh. KK Gupta, Adv. for the complainant.

                    Sh. Dheeraj Gautam, Adv. for the opponent No.1.

                    (Notice of complaint was not ordered against the opponent No.2).

 

                   The opponent on 11.10.2023, placed on record copy of Arbitration Award dated 17^th August, 2023 (to identify this document Ex.A1 is marked on the copy of award) and at the time of placing of the award Ex.A1 before this Commission, counsel for the opponent No.1 submitted, due to passing of the award Ex.A1, between the parties to the complaint, the present complaint is not maintainable. The counsel for the complainant requested for some time to produce the legal citation including the judgment of Hon’ble Supreme Court of India on the relevant point as the award Ex.C1 is void ab initio and he produced an order dated 23.08.2023 passed by the Ld. Civil Judge (Sr. Division), Karnal in Execution Petition No.134 of 2021 titled HDFC Bank Ltd. Vs. Rawinder Kumar etc.

                   The moot question before the Commission is whether, due to passing award Ex.A1 by the Arbitration Tribunal, the complaint is maintainable before this Commission?

                     It is well settled law, the opting of remedy of arbitration by the parties in relevant contract, between the parties, does not oust the jurisdiction of Consumer Fora being an additional remedy and view of this Commission is fully supported by the law laid down by the Hon’ble Supreme Court of India in Civil Appeal No.6500-6501 of 2023, (arising out of SLP(C) No.4849-4850 of 2023), titled Smt. M. Hemalatha Devi & Ors., Appellants, Vs. B. Udayasri, Respondent, DOD 05^th October, 2023. However, the parties are not permitted to knock the doors of two Forums such as Arbitration Tribunal or Consumer Fora . The Arbitration Tribunal is the creation of contract between the parties and once the Arbitration Tribunal enter into reference qua the dispute between the parties arising from the contract as in the case in hand, prior to the filing of the consumer complaint, then, the complainant cannot avail the benefit of additional remedy available under Section 100 of the Consumer Protection Act, 2019 (for short Act) and if he is permitted, then there will be conflicting findings and observation, frustrating the Arbitration Award as well as order of the Consumer Fora, rather, it will be the travesty of justice. In the case in hand, on the basis of Hypothecation-cum-Loan Agreement, the opponent party invoked the arbitration clause and the Arbitrator was appointed and the Ld. Arbitration Tribunal, Chandigarh passed the Award dated 17.08.2023 Ex.A1, against the complainant and it was an ex-parte award. The counsel for the complainant submitted, the Arbitration Award Ex.A1 is not executable being void ab initio. However, this Commission find any force in the contention of Ld. Counsel for the complainant and the decision of the Ld. Civil Judge (Sr. Division), dated 23.08.2023, in Execution Petition No.134 of 2021 titled HDFC Bank Ltd. Vs. Rawinder Kumar etc., because, the legality of Arbitration Award can only be commented upon by the Court of Principle Judge i.e. District Judge or Additional District Judge as the case may be, on receipt of objection under Section 34 of the Arbitration and Conciliation Act, 1996. This Commission has no jurisdiction to comment on the legality or illegality of the arbitration award Ex.A1. So by pronouncement of Arbitration Award Ex.A1, the dispute raised in this complaint has already been decided by the Arbitration Tribunal, therefore, the present complaint is not maintainable. The objection raised by the opponent is sustained and complaint filed by the complainant is dismissed, without touching to its merits, not maintainable, before this Commission. File be consigned to the records.

 

President

                                L. Member                     Member                                    DCDRC, YNR,

             03.11.2023.

                           

Typed by: Jitender Sharma, Steno-typist