Orders

Complainant filed the instant complaint praying for compensation of Rs.50,000/- towards illegal arbitrarily threatened, Rs. 50,000/- towards compensation for physical strain faced by the complainant, for cost of the proceedings & to grant such other reliefs.

The case of the complainant is that the complainant by profession is a driver and he has purchased Icher 11 10/H HST vehicle bearing No.KA 26-A/2491 through OP for Rs.13,01,780/- with a condition to repay the same with 60 instalments of Rs.33,183/-. Complainant availed loan on 08.11.2013. As per terms & conditions complainant was paying the same. The maturity of the loan repayment rests on 11.11.2018. Meanwhile complainant on 11.12.2015 approached OP with a request to do payment and to release the loan. During that time OP demanded to pay Rs.9,95,490/-, otherwise the vehicle will be seized. Based on that the complainant approached Hon’ble Dist. & Sessions Judge Court, Dharwad in Arbitration Case # 3/2016 & obtained stay order, not to seize the vehicle the OP since from11.12.2016 did not allow the complainant to run the vehicle & threatened the complainant to pay entire loan amount of Rs.9,95,490/-, the very act of OP is arbitrary. Hence the complainant approached this forum seeking relief.

On going through the pleadings it is evident that the complainant already approached other forum  i.e. Hon’ble Dist. & Sessions Judge Court, Dharwad and moved the court under Arbitration Case # 3/2016 & obtained stay. This is the own admission of the complainant. To this effect the complainant also produced documentary evidence, it also reveals complainant has approached Hon’ble Dist. & Sessions Judge Court, Dharwad and pendency of the case before Hon’ble Dist. & Sessions Judge Court, Dharwad. Seeking the same & approach of complainant to this forum with regard to the same issues and matter bars the jurisdiction of this forum to prosecute the same. The relief sought also detrimental to the interest of the consumer under CP Act. Added to it the complainant though above said case is posted for hearing and registration of case and issuance of summons not appeared even after sufficient opportunities were given. By this it is evident that the complainant by misutilizing the benevolence of the Act filed frivolous complaint. Under those circumstances looking into the merits and conduct of complainant complaint is not maintainable. Accordingly complaint is dismissed.