DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO.22 OF 2015

Arvind Kumar Singh (31 Yrs.),

S/O- Bhola Singh,

RO: Ittabhatapada, PO/PS: Brajrajnagar, 

Dist: Jharsuguda,Odisha………………………………….…………Complainant.

Versus

1. Branch Manager,

L & T Finance Co. Ltd.,

At: Jagadamba Complex, Budharaja,

PO/ PS/ Dist: Sambalpur, Odisha.

2. Shiba Moharana,

S/O: Not Known,

RO: Churchpada, Gumadera, PO/PS: Belpahar,

Dist: Jharsuguda-768 218, Odisha.………..….….…..….…...Opp. Parties.

Counsel for the Parties:-

For the Complainant                                  Abdul Zalil, Adv.

For the Opp. Party                                   Shri A.K.Sahoo ,Adv. & Associates.

Date of Order: 19.07.2016

Present

                                                                                  1. Shri S.L.Behera, President.

                                                                                2. Shri S.K. Ojha, Member.

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant avail loan of Rs.36,73,600/- only including interest from the O.Ps. and purchased one Tata Trailer LPS-4018 TC vehicle bearing Regn. No.OR-23E-8114 with agreement validity from 05.11.2011 to 05.09.2015. The said loan was to be refunded by the complainant in 47 numbers of EMIs. and till the date of filing of this case the complainant has paid 29 numbers of EMIs. amounting Rs.22,91,000/- only. The complainant was paying monthly installment regularly.  The said vehicle met with an accident on dtd. 28.03.2014 and for repairing of the same the complainant had to incurred expenditure of Rs.4,00,000/- only.  The vehicle remain ideal for more than one month.  After paying the installment amounts the complainant was required to pay Rs.3,02,000/- but the O.ps. are illegally demoing Rs.7,11,000/- only and illegally and arbitrarily seized the vehicle while consignment, hence this case.

The O.P. appeared through their counsel after being noticed and filed written version wherein the O.Ps. submitted that the complainant is a defaulter in making payments of installments.  The complainant had taken loan of Rs.28,00,000/- only which was to be repaid by the complainant in 47 numbers of monthly installments and with interest amounts to Rs.36,89,000/- only started from dtd. 05.11.2011 to dtd. 05.09.2015. The complainant fail to pay the EMIs. in time and till the date of filing written version he has total outstanding of Rs.4,65,354/- only.  Due to non-payment of dues in time on repeated request the O.Ps. force to referred the matter to the Sole Arbitrator Mr. Manoj Dalvi where an award has been passed on dtd. 15.10.2014. The O.Ps. denying the allegation and prayed for dismissal of the case.  

 Heard and perused the case record along with materials available. The complainant was financed a Tata Trailer LPS-4018 TC vehicle bearing Regn. No.OR-23E-8114 by the O.Ps for an amount of Rs.28,00,000/- only which was to be refunded with interest in 47 numbers of monthly installments started from 05.11.2011 to 05.09.2015 by executing a loan agreement.   An award of Arbitrator has been passed on dtd. 15.10.2014 on the said vehicle bearing Regn. No. OR-23E-8114 on the said matter of non-payment of outstanding dues.

An Arbitrator’s award has been passed on the matter of said vehicle of the complainant bearing Regn.No. OR-23E-8114 before filing of this case.  In a case decided by Hon’ble National C.D.R. Commission in between the Installment Supply Ltd. Vrs. Kangra Ex-Serviceman Transport Co. and another (Supra) wherein it has held that, “where an award has been passed by the arbitrator in such a case no complaint could be filed before the District Forum and the District Forum could not entertain that complaint and should not passed the order or overlooking the terms of award”. So also Hon’ble National C.D.R. Commission upholds that the same reported in SC & National Commission Consumer Law Cases (2005-2008) page-489 wherein it has held that “Under hire-purchase transaction, financier not renders service within meaning of Consumer Protection Act”.  Relying on the above citations, this Hon’ble Forum bind its hands to decide any further on the said matter which has been decided earlier by the arbitrator. 

In view of above facts and circumstances, we dismiss the present case with no costs.  

            Accordingly the case is disposed of.

Order pronounced in the open court today the 19^th day of July’ 2016 and copy of this order shall be supplied to the parties as per rule. 

                                            I Agree.                                                                                                                        

                                          S.K.Ojha, Member                     S. L. Behera, President                 

                        Dictated and corrected by me

                           S. L. Behera, President.