Madhya Pradesh

StateCommission

A/19/315

PREMCHANDRA DWIVEDI - Complainant(s)

Versus

TATA MOTORS FIN. PVT. LTD. - Opp.Party(s)

SH.S.P.TIWARI

06 Jul 2019

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL

                    

                                  FIRST APPEAL NO. 315 OF 2019

(Arising out of order dated 10.01.2019 passed in C.C.No.28/2015 by the District Forum, Sidhi)

 

PREMCHAND DWIVEDI & ANR.                                                                                                 …          APPELLANTS.

 

Versus

                 

STATE COLLECTION HEAD,

TATA MOTORS FINANCE LTD & ORS.                                                                                 …         RESPONDENTS.

 

BEFORE:

 

                  HON’BLE SHRI JUSTICE SHANTANU S. KEMKAR    :      PRESIDENT

                  HON’BLE DR.  MRS MONIKA MALIK                           :      MEMBER               

 

                                      O R D E R

06.07.2019

 

           Shri Vishnu Tiwari, learned counsel for the appellants.           

 

As per Shri Justice Shantanu S. Kemkar :                       

                        Heard learned counsel for the appellants on the question of admission.

2.                     This complainants/appellants have filed this appeal against the order dated 10.01.2019 passed by the District Consumer Disputes Redressal Forum, Sidhi (For short the ‘Forum’) in C.C.No.28/2015, whereby the Forum has dismissed their complaint holding that the District Forum has no jurisdiction to entertain the complaint.

3.                     Having gone through the order dated 10.01.2019 and having considered the submissions made by learned counsel for appellant, we find that the complainants have filed the complaint on 28.05.2015 before the Forum i.e. after passing of an award by the sole Arbitrator on 23.09.2014 against the complainants and as such the District Forum relying on the decision of the National Commission in Instalment Supply Limited Vs Congra Ex-serviceman Transport Co. & Ors. I (2007) CPJ 34 (NC) has dismissed the complaint holding that the Forum has no jurisdiction to pass any order.  

4.                     It is not in dispute that earlier the dispute had already been resolved by the Arbitrator and thereafter the complainants had approached the Forum. In view of the law laid down by the National Commission in Instalment Supply Limited Vs Congra Ex-serviceman Transport Co. & Ors (supra) as also in S. Balwant Singh Vs Vice  Chairman, Kanpur Development Authority 2007(3) CPR 323 (NC) the award of the Arbitrator, which has already been passed will govern the dispute between the parties.

5.                     In our considered view the Forum has rightly refrained from passing any order on merits in the matter, keeping in view that award has already been passed by the Arbitrator on 23.09.2014.

6.                     In the result, the appeal fails and is hereby dismissed.

 

 

            (Justice Shantanu S. Kemkar)            (Dr. Monika Malik)             

                     President                                         Member