Orissa

Jharsuguda

CC/83/2017

Sani Lal Kunwar S/O- Kisan Kunwar - Complainant(s)

Versus

Branch Manager ,TATA Moters Finance Ltd. - Opp.Party(s)

S.P. Rai

17 Jan 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 83 OF 2017

 

Sani Lal Kunwar (32 Years),

S/O- Kisan Kunwar,

R/O: Cheruapada, PO/PS/Dist: Sambalpur,

Presently residing at Sarbahal,

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

                                                 

Versus

 

Branch Manager,

Tata Motors Finance Ltd., Sambalpur Branch,

At/PO: Budharaja, PS: Ainthapali,

Dist: Sambalpur, Odisha……………….…...……………….……..….……..Opp. Party.

 

 

Counsel for the Parties:-

For the Complainant                                       S.P.Rai, Adv. & Associates.

For the Opp. Party                                          T.K.Harichandan Adv. & Associates.

 

 

Date of Order: 17.01.2018

 

Present

                                           

                                           1. Shri Sundarlal Behera, President.

                                           2. Shri Santosh Kumar Ojha, Member.

                                           3. Smt. Anamika Nanda, Member (W).

 

Smt. A.Nanda, Member : - The brief facts of the complainant’s case is that, the complainant avail loan of Rs.18,00,000/- only plus interest from the O.P. and purchased one vehicle Tata LPT 2515 TC (Tanker) bearing Regn. No.OD-15E-2725 which was to be returned with interest within August 2019 in monthly installments. The complainant has paid more than Rs.5,24,446/- only up to  July 2017 but the O.P is demanding Rs.6,47,894/- without any justification, hence this case.

The O.P. appeared through their counsel after being noticed and filed a petition alongwith copy of an Arbitral Award and citations to drop the case.

Heard and perused the case record along with materials available. The complainant has taken loan for a vehicle bearing Regn. No. OD-15E-2725 by the O.P for an amount of Rs.18,00,000/- only excluding interest which was to be refunded within dtd. 02.08.2019 in monthly installments.  As per the statement of accounts issued by O.P. dtd. 28.07.2017 the complainant was to pay Rs.6,47,894/- only towards overdue installment and Rs.1,28,088/- only towards net overdue interest.  An arbitral award has been passed against the complainant on dtd.17.05.2017 where the complainant filed this case on dtd. 01.08.2017.  

As an arbitral award has been passed on the same dispute prior to filing of the complaint case by the complainant. Hon’ble National CDR Commission, New Delhi has held in the case between Magma Fincorp Ltd. vrs. Gulzar Ali (2016)2 CPJ 231 that, “The issue involved in this case is, whether, a complaint can be decided by the Consumer Fora after an arbitration award is already passed. The simple answer to this question is, ‘No’.” On the above ground this Hon’ble Forum bind its hands on deciding the same kind of dispute, hence the complaint case is hereby dismissed with no cost.

            Accordingly the present complaint case is disposed of.

Order pronounced in the open court today the 17^th day of January 2018 and copy of this order shall be supplied to the parties as per rule. 

          I Agree.                           I Agree.                                                                                             

                                         

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

 

Dictated and corrected by me

 

         A.Nanda, Member