Brief facts of the case is that the complainant is the owner of a truck bearing registration No. OD09U7572 and the said vehicle was financed by Ops. The said vehicle was repossessed by Ops’ finance company on dated-15.11.2022 due to non-payment of installment. The said repossession was illegal without the consent and willingness of the complainant. The Complainant approached the Ops to release the vehicle but they demanded an illegal amount. As per the account statement, overdue installment is Rs.3,67,970/- . Complainant was using the said vehicle for commercial purpose but to earn his livelihood. The complainant alleges that the activity of Ops amounts to unfair trade practice and deficiency of service. So, he prayed to release the vehicle and pay compensation of Rs.2,20,000/- .
To substantiate his case the Complainant relied on the following documents.
- Photocopy of account statements.
- Seizer list.
With the above complain the complainant has also filed an interim application for release of the vehicle u/s 38(8) of C.P Act 2019. The above complaint is admitted and notice issued to Ops. The prayer for interim order to release the vehicle was rejected on dated 31.03.2023 for res-judicata and arbitral award have been passed.
Ops appeared and filed their preliminary objection and written statement. In written version Ops submitted that the case is not maintainable as arbitral award has already been passed on dated 07.09.2022 for the vehicle No. OD09U7572. They cited a decision of Hon’ble National Commission in the “Installment Supply Limited-Vs- Kangra Ex-Serviceman Transport Co.& Anr”. Reported in (2007) 1 CPJ 34. The issue involved in this case is whether a complaint can be decided by the consumer fora after an arbitration award is already passed. The simple answer to this question is No.
The OPs also submitted that the Consumer Commission can’t question the award passed by the arbitrator. It has no power to set aside the award or decree passed by the Civil Court. It is also submitted by the Ops that the complainant has suppressed the facts of the filing and disposal of W.P.(C) No.32600 of 2022 before Hon’ble High Court of Odisha in the same cause of action and the Op finance company have preferred WA No.97 of 2023 but now the above case is disposed off. It is also submitted by the opposite parties that the complainant is a borrower and he is not a consumer under C.P Act. Complainant has financed two vehicles bearing registration No. OD09U7572 and OD09L7572. So the complainant has no locustandi to file the case. The Ops have not made unfair trade practice and deficiency in service. So they prayed to dismiss the case.
In the above circumstances following issues are framed to decide the case.
ISSUES
- Whether the case is maintainable?
- Whether the Op has made any deficiency of service?
- Whether cause of action arises in this case.
- Whether the complainant is entitled to any relief as sought for?
All issues are discussed jointly to pass any order.
FINDINGS
It is a fact that the complainant has purchased a vehicle bearing registration No OD09U7572 which was duly financed by Ops. On dated-15.11.2022 the said vehicle was repossessed by the Ops company. On dated 07.09.2022 arbitral award was passed for said vehicle against the complainant. This fact was suppressed by the complainant. It is also admitted that during the pendency of WA No.97 of 2023 before the Hon’ble High Court of Odisha this consumer case was filed which hits the res-judicata. The complainant also approached before the State CDR Commission in RP No 55. of 2023 where the complainant not pressed the petition.
The complainant prayed before this commission to release the vehicle as the complainant is ready to pay the outstanding EMIs of the vehicle. But the Commission don’t want to interfere in this case as the arbitral award has been passed which is a power of civil court. In this situation this Commission feels that the case is not maintainable and Op company has followed the conditions of agreements as per law. They have not committed deficiency in service. So the complainant is not entitled to get any relief as sought for.
ORDER
The consumer complaint being devoid of merits is dismissed without any cost.
The order is pronounced in open Commission today i.e on 18th August 2023.
