Orissa

Khordha

CC/30/2020

Maheswar Mohanty. - Complainant(s)

Versus

(1) The Managing Director,Cholamandalam Investment & Finance Co. Ltd., Chennai. - Opp.Party(s)

Sri K.C. Prusty.

21 Jun 2023

ORDER

DISTRICT CDR FORUM, KHURDA
KHANDAGIRI, BHUBANESWAR, 751030
 
Complaint Case No. CC/30/2020
( Date of Filing : 07 Feb 2020 )
 
1. Maheswar Mohanty.
S/o- Narayan Mohanty, At/Po- Malipada, Ps- Chandaka, Dist-Khurda.
...........Complainant(s)
Versus
1. (1) The Managing Director,Cholamandalam Investment & Finance Co. Ltd., Chennai.
Dare House,2nd Floor,Old No. 234,New No-2,N.S.C. Bose Road, Parrys,Chennai-600001
2. (2) The Branch Manager,Cholamandalam Investment And Finance CO. ltd.
At-1st Floor, Arnapurna Complex,Plot No-559,Lewis Road,Bhubaneswar,Dist- Khurda
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI KRUSHNA CHANDRA RATH PRESIDENT
 HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY. MEMBER
 
PRESENT:Sri K.C. Prusty. , Advocate for the Complainant 1
 Sri A.B. Majhi and Associates., Advocate for the Opp. Party 1
 Sri A.B. Majhi and Associates. , Advocate for the Opp. Party 1
Dated : 21 Jun 2023
Final Order / Judgement

DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                            -ooOoo-

 

C.D. CASE NO.30/2020

 

Maheswar Mohanty,  aged about 48 years,S/o Ganesh Raula, Dabhika Vihar,

Tam Narayan Mohanty, At/PO- Malipada, PS- Chandaka, Dist – Khurda

….       Complainant

-Vrs.-              

 

1.         Cholamandalam  Investment & Finance Company Ltd.,

            (Formerly known as Cholamandalam DBS Finance Ltd.),

Dare House, 2nd Floor, No.2, NSC Bose Road, Parrys,Chennai-600 001, India 

            Through its Managing Director.

 

2.         The Branch Manager,

Cholamandalam  Investment & Finance Company Ltd.,

            (Formerly known as Cholamandalam DBS Finance Ltd.),

Bhubaneswar Branch, At- 1st Floor, Arnapurna Complex, Plot No.559, Lewis Road,

            Puri-Cuttack Road, Bhubaneswar, Dist : Khurda.

 

                                                                                                ….       Opp. Parties

 

CERTIFIED COPY OF THE ORDER NO.21: DATED: 21/06/2023

***

 

Perused the copy of the arbitration award. Maheswar Mohanty, who is complainant in this case, was the OP in the Arbitration Proceeding.  The loan agreement  bearing number XVFPBNR00002540028,  is involved in both the proceedings.  Arbitration Award was passed on 24/06/2022 and the Complaint was filed before this Commission on 07/02/2020.  The proposition of law in this regard is crystal clear that,  as and when an award has been passed by  the sole arbitrator in respect of the same cause of action,  a complaint petition is not maintainable before the District Consumer Disputes Redressal Commission. In view of the said legal proposition, this Consumer Complaint is not maintainable, as such the case is dismissed. 

 

Sd/-Member (W)                                                                     Sd/-  President

(S.Tripathy)                                                                             (K.C.Rath)

 

 
 
[HON'BLE MR. SRI KRUSHNA CHANDRA RATH]
PRESIDENT
 
 
[HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY.]
MEMBER
 

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