NCDRC

NCDRC

RP/2519/2013

TUBATI JYOTSHNA - Complainant(s)

Versus

SHRIRAM TRANSPORT FINANCE CO. LTD. - Opp.Party(s)

MR. KAIASH PANDEY

02 Sep 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2519 OF 2013
 
(Against the Order dated 08/04/2013 in Appeal No. 348/2012 of the State Commission Andhra Pradesh)
1. TUBATI JYOTSHNA
W/O VENLATA RAO, R/O FLAT NO.101 GEETHA APTS, NEAR SADINENI CHOWDARIAH SCHOOL, BEHIND REKHA NURSING HOME, CHIKKARUPETA TOWN,
GUNTUR
A.P
...........Petitioner(s)
Versus 
1. SHRIRAM TRANSPORT FINANCE CO. LTD.
IST THROUGH MANAGER, H.NO-5-37-4 SANKAR VILAS CENTRE, MEIN ROAD,, 4/1 BRADIPET
GUNTUR
A.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Ranjeet Singh, Advocate
For the Respondent :SHRIRAM TRANSPORT FINANCE CO. LTD.

Dated : 02 Sep 2014
ORDER

 

 

JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL)

1.      Learned counsel for the petitioner present.

2.      This is an admitted fact that the arbitration proceedings have also been filed before the Arbitrator.  The application before the Arbitrator was filed by Shriram Transport Finance Co. Ltd.  The claim petition was

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filed on 15.5.2011.  The complainant/petitioner filed a complaint before Andhra Pradesh State Consumer Disputes Redressal Commission on 10.6.2011.  The State Commission Forum came to the conclusion that it had no jurisdiction and direct the petitioner to approach the District Forum because the State Commission did not have peculiar jurisdiction.  Therefore, the complaint before the District Forum was filed in the month of September, 2011.  This is an admitted fact that the learned Arbitrator has already passed ex parte award on 5.8.2011.

3.      Learned counsel for the petitioner submits that the appeal has been filed against the award of the arbitrator, which is still pending.

4.      Learned counsel for the petitioner has invited our attention towards the authority reported in Virender Jain vs. Alaknanda Cooperative Group Housing Society Limited and Ors. 2013 (6) Scale 571 wherein in para 15, it was held:

“In the last mentioned judgment, this Court referred to the earlier judgments in Fair Air Engineers (P) Ltd. vs. N. K. Modi (1996) 6 SCC 385, Thirumurugan Co-operative Agricultural Credit Society vs. M. Lalitha

 

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(2004) 1 SCC 305, Skypak Couriers Ltd. vs. Tata Chemicals Ltd. (2000) 5 SCC 294, Trans Mediterranean Airways v. Universal Exports (2011) 10 SCC 316 and held that the remedy available under the Act is in addition to the remedies available under other statutes and the availability of alternative remedies is not a bar to the entertaining of a complaint filed under the Act.”

          However, the facts of this case are peculiar and different.  Here the petition before the Arbitrator was filed earlier.  He has already passed the award.  Consequently, this fora has no jurisdiction to try this case in order to save the multiplicity of the judgments passed by both the tribunals.  Under the circumstances, we hereby dismiss the revision petition.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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