DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
Consumer Complaint No. 36 of 2023.
Nruparaj Meher, aged about years, S/o. Budhu Meher, resident of village. Badipali, Po. Majhipali under Ps/Tahasil. Bijepur, Dist. Bargarh.
Complainant.
V e r s u s
M/S SREI EQUPMENT FINANCE LIMITED, 6A, KIRAN SHANKAR ROY ROAD, ROOM NO.12 AND 13, presently located at plot No. Y 10, Block EP, Sector V, Salt lake city, KOLKATA 700091.
Opposite PartY.
EXTRACT OF ORDER PASSED BY THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARGARH.
DT.11/04/2023.
Today, the case is fixed for hearing on admission. The Complainant filed one interim petition.
Heard from the Complainant.
Perused the record and it reveals that in this case an order has been already passed by the arbitrator on 21/03/2023. The Supreme court in National Seeds Corporation Limited Vs. M. Madhusudan Reddy and anr (2012) 2 sec 506 has held that if the grower opts for remedy of arbitration, then it may be to say that he cannot subsequently file Complaint under the Consumer protection Act. The Remedy of the Complainant is to file an application for setting aside exparte Arbitrators award under section 34 of the Arbitration and conciliation Act 1996 or to file an appeal against it. The authorities under Consumer protection Act do not exercise supervisor or appellate powers over the Arbitrators award.
Accordingly the case is not maintainable and dismissed.
Sd/- Sd/- ( Anju Agarwal) ( Smt. Jigeesha Mishra)
Dt.11/04/2023 Dt.11/04/2023
M e m b e r (w) P r e s i d e n t.
