West Bengal

Bankura

CC/109/2015

Harish Ch. Sao - Complainant(s)

Versus

The Manager, Mahindra & Mahindra Financial Service Ltd - Opp.Party(s)

Self

17 Jan 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint  No. 109/2015

Date of Filing : 24.09.2015

Before:

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant: Jayanta Kr. Mukhopadhyay

For the O.P. Ld. Advocate Jayanta Chowdhury  

Complainant   

1. Harish Ch. Sao &  2. Suresh Kr. Sao

Resident Maji Para, Lalbazer, Bankura, Pin – 722101 (both Complainant)

 

 Opposite Party 

The Manager, Mahindra & Mahindra Financial Service Ltd.,  Bankura Branch, Katjuridanga, Bankura.

 

FINAL ORDER/JUDGEMENT

Order No.43

Date: 17-01-2023

Both parties filed hazira .

                Prayer for adjournment on behalf of the Complainant is rejected considering the long pendency of the case.

                Hearing argument from the O.P. the Commission proceeds to dispose of the case as hereunder: -

The Complainant No.1 & 2 are the borrower and guarantor respectively having purchased of a Truck for Rs.12 Lakh No. being WB 67 A/ 2960 under a Loan Agreement No. being 2148308, dt.31-07-2012 executed by and between the Complainants and the O.P. Out of the loan amount Down payment was made for Rs.3,27,500/- and the rest amount was to be paid by 47 EMI @ Rs.27,500/- p.m. but the Complainant could not repay the loan amount and as such the vehicle was repossessed by the O.P.

                The instant case has been filed by the Complainant against the O.P. against the Letter dated: 25-05-2015 demanding Rs. 2,64,078 and for settlement of dispute through arbitration.

                The O.P. contested the case by filing written version for disposal of the case as the Complainant is not entitled to get any relief as prayed for.

                In support of the contention of the O.P. an arbitral award No. being 325 of 2015, dt.21-03-2016 has been adduced wherefrom it is found that the matter has already been adjudicated by the Arbitrator directing the Complainant to pay to the O.P. all the outstanding dues of Rs.2,64,078/-.

                In view of the Arbitral award this Commission has no jurisdiction to entertain the instant case for further adjudication as it will give rise to conflict of decisions which is not permissible and desirable under law.

                                                               Hence it is ordered ……..

That the instant case is dismissed on contest as being not maintainable.

Both parties be supplied copy of this order free of cost.

 

               HON’BLE   PRESIDENT                                HON’BLE MEMBER                       HON’BLE MEMBER