DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 30th day of January 2013
Present : Smt.Seena H, President
: Smt. Preetha.G. Nair, Member
: Smt. Bhanumathi.A.K, Member Date of filing: 15/01/2013
(C.C.No.16/2013)
Udayasankar,
S/o.Sivasankaran,
Parijatham House,
Near Greenline,
Killikavu Road,
Kanniyampuram (PO),
Ottapalam Taluk - Complainant
(By Adv.M.C.Kuriachan)
V/s
Branch Manager,
Sreeram Transport Finance Company Ltd.
2nd Floor, Sunshine Complex,
T.B.Road, Palakkad - Opposite party
O R D E R
By Smt.SEENA.H, PRESIDENT
Complaint in brief :
Complainant availed loan of Rs.85,000/- from opposite party for purchase of Maruti Omni Van on 7/02/2008. Agreement was to repay an amount of Rs.1,22,308/- including interest. On default of payment of certain installments opposite party seized the vehicle and the same was sold for Rs.80,000/-. Accordingly as on 24/12/2009, complainant has paid a total amount of Rs.1,23,580/-. Hence, complainant requested opposite party to cancel the hypothecation and to issue NOC. Thereafter complainant received notice in an Execution Petition filed before the Hon’ble District Court, Palakkad. Complainant came to know that there was an arbitration award dated 13/8/2011 against the complainant for payment of Rs.47,817/- Proceedings are pending before the court for setting aside the order. According to the complainant, the act of opposite parties amounts to deficiency in service on their part. Hence complaint filed to cancel the hypothecation agreement and issue full satisfaction certificate and pay compensation of Rs.10,000/-.
Complaint posted for hearing on admission. Heard complainant.
It is settled law that the arbitration clause in the agreement will not oust the jurisdiction of the Consumer Forum, but we find that this is the case wherein arbitration award has been passed and further steps for execution has been initiated. Moreover proceedings are pending before the District Court, Palakkad for setting aside the order. We find that already matter is pending before a competent Court between the parties herein and the matter in issue is also the same. Further complainant has approached the Forum after the passing of the award of the arbitrator.
In view of the above circumstances, we find that complaint is not maintainable before the Forum. Hence, without going into the merits of the case, we dismiss the complaint.
Pronounced in the open court on this the 30th day of January 2013.
Sd/-
Seena H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi.A.K.
Member
