Orissa

StateCommission

RP/104/2019

Tata Motors Finance Ltd., - Complainant(s)

Versus

Madhusudan Kamar - Opp.Party(s)

M/s. P.K. Ray & Assoc.

28 May 2020

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/104/2019
( Date of Filing : 04 Oct 2019 )
(Arisen out of Order Dated 12/07/2019 in Case No. Complaint Case No. CC/33/2019 of District Sundargarh)
 
1. Tata Motors Finance Ltd.,
having its State office at Plot No. 98, Keshari Talkies Complex, Kharvel Nagar, Bhubaneswar, Dist- Khurda. represented through its State Head Legal and authorized representative Mr. Subhendo Routray.
...........Appellant(s)
Versus
1. Madhusudan Kamar
S/o- Laxman Kamar, R/o- At- Pitabhuin, PO- Gambaridihi, PS- Lephripada.
Sundargarh.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
  Smarita Mohanty MEMBER
 
For the Petitioner:M/s. P.K. Ray & Assoc., Advocate
For the Respondent:
Dated : 28 May 2020
Final Order / Judgement

          Learned counsel for the revision petitioner is present.

2.      Notice was issued to the OP by regd. post with AD on 26.11.2019. SR is not back. Since more than 30 days have elapsed, notice against the OP is made sufficient.

3.      Heard learned counsel for the revision petitioner.

4.      Perused the impugned order dated 12.7.2019 wherein the District Forum has gone through the order passed by this Commission in R.P.No. 32 of 2019. It may not be out of place to mention that this Commission passed order in R.P. No. 32 of 2019 directing learned District Forum to reconsider the interim order passed by it in Misc. Case No. 25 of 2019 on 1.3.2019.

5.      The learned District Forum after going through the order of this Commission and other materials observed that since arbitral award has been passed ex parte that cannot restrain the District Forum to pass interim order to release the vehicle in favour of the complainant.

6.      The impugned order sought to be revised does not disclose prima facie any deficiency of service on the part of the revision petitioner. It is also to be remembered that an ex parte interim order passed under provisions of the Arbitration & Conciliation Act, 1996, there is a Forum available to challenge the same. The impugned order shows that the District Forum has sat over the arbitral award as an appellate authority which is not permissible under law.

7.      In view of above, the revision is accordingly allowed and impugned order is set aside. The District Forum is directed to dispose of the complaint on merit on the materials produced before it within 15 days from the date of receipt of copy of this order without being influenced by any observation made above. Free copy of this order be supplied to the petitioner to produce the same before the District Forum on 6.6.2020 to receive further instruction from it.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[ Smarita Mohanty]
MEMBER
 

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