D.o.F; 3/2/15
D.o.O:23/2/16
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.29/15
Dated this, the 23rd day of February 2016
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Ajith Kumar.k S/o Kunhiraman,
R/at at Kollikkal House, Bellur Po
Mulleria, Kasaragod. Dt. : Complainant
(Adv.Shafi.M)
1. Manager, TATA Motors Finance .Ltd , : Opposite parties
Opp. Ramananda Oil Mill, , South Bazar, Kannur 670002.
2. Manager, TATA Motors Finance .Ltd,
Shakthi Motors, Anangoor, Kasaragod.
ORDER
SMT.P.RAMADEVI : PRESIDENT
Opposite parties raised an issue regarding the maintainability of the complaint before this forum in the light of the order passed by the Hon’ble National Commission in Magna Fincorp.Ltd & others vs Praveen Benson & others (RP.No.1936/15) dtd. 3/11/2015.
That the contention of the opposite party that the complaint is barred by principles of res judicata since the arbitration award is passed in respect of the same subject matter and the complainant is not maintainable before this Forum.
Heard both sides. In this case an arbitration award is passed in respect of the same subject matter. The observation of the Hon’ble National Commission is “ in view of the decision of the Arbitrator which is binding on parties, the forum below should not have passed an order by over looking the award”.
On going through the above decision of the Hon’ble National Commission and on perusal of the documents , we are of the view that the complaint is barred by principles of resjudicata and hence it is not maintainable before this Forum. Therefore the complaint is dismissed . No order as to cost.
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva /forwarded by order/
Sd/
SENIOR SUPERINTENDENT
