The case is posted today for hearing of the petition dtd.20.10.2017 filed by the O.Ps on the ground of maintainability. Both Parties are absent & not taken any steps today. Perused the documents filed by both sides. On perusal of the case record, it has been found that award has been passed in this case by the sole arbitrator on 27.06.2017 and this case was filed on 29.06.2017. By that time, award has already been passed. According to settled principle of Law, even if there is an arbitration clause in the agreement, it is not a bar for the entertainment of the Complainant by the CDRFs and Commissions. However, in the present case, after filing of this case, the award has been passed as mentioned earlier. The Authority reported in Revision Petition No.97/2012 decided on 16.07.2013 in the case of Sangram Rout, acting as Manager and representing TATA MOTORS FINANCE LIMITED (Vrs.) Niranjan Palai, wherein it has been held by the Hon’ble State C.D.R Commission, Orissa, Cuttack that “Even though Section-3 of the Consumer Protection Act, 1986 lays down that the said Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force, when the dispute having been decided, award was made by the sole arbitrator, the subsequent C.D Case was not maintainable”.

                                        So, now on careful consideration of all the materials available in the case record and on the basis of principle laid down by the above Authority as discussed earlier, this Forum come to the conclusion that this Consumer case is not maintainable at this stage after passing of award by the sole arbitrator and this case is dismissed accordingly.