West Bengal

Paschim Midnapore

CC/118/2018

Atabul Rahaman Khan - Complainant(s)

Versus

The Manager, Indusind Bank Ltd. (CFD) - Opp.Party(s)

Anup Kumar Mishra

05 Nov 2024

ORDER

-1-

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PASCHIM MEDINIPUR.

Samiran Dutta, Ld. President

-and-

Angshumati Nanda,Ld.Member.

 

Complaint Case No.C.C/118/2018

 

Atabul Rahaman Khan

S/o Basiruddin Khan

At Palbari Ganapati Nagar

P.O. Midnapore, P.S. Kotwali,

Dist - Paschim Medinipur. PIN-721101.

………….….……Complainant.

-Versus-

1. The Manager Indusind Bank Ltd. (CFD)

C/O - Kusum Appartment,

At Inda, P.O. - Kharagpur,

P.S. Kharagpur (Town),

Dist - Paschim Medinipur., PIN-721301

2. Indusind Bank Ltd.

Consumer Finance Department No. 34,

G.N. Chetty Road, T. Nagar.

Chennai 600017

3. The Sri Debendra Nath Santra

S/O- Mahadeb Santra,

At Mahatabpur, P.O. Midnapore,

P.S. Kotwali,Dist- Paschim Medinipur,

1.  

        .........................Opposite parties

 

 

Date of filing: -30.10.18                                                                                                     Date of disposal:-05.11.24

Order No.54                                                                                                              

Contd..2.

-2-

       C.C. Case No. CC/118/2018

FINAL ORDER/JUDGEMENT.

Samiran Dutta, Ld. President:-

 

Both parties file hazira through Ld. Advocate. The case is fixed for argument. After hearing argument / written argument from both sides the Commission proceeds to dispose of the case as hereunder.

The Complt. case is that he purchased a truck in October 2016 with the financial loan by O.P / Financer under loan agreement No. WNK00558L dated. 31.12.2016 but the O.P having defaulted in repayment of the loan amount repossessed the truck under inventory list dated. 07.12.18 signed by the Complt. and thereafter it was sold in public auction behind the back and knowledge of the complt. The Complt. has therefore approached this Commission for appropriate relief.

O.P financer contested the case by filing a written version contending inter alia that the complt. is not entitled to get any relief in this case as the truck in question has already been sold in public auction towards repayment of the loan amount.

Decision with reason:-

Having regard to the facts of the case contention submission and documents on both sides the commission finds that an award has already been passed by the Competent arbitrator on 05.09.2018 in arbitral claim petition no. 864 of 2018 directing the Complt. to pay the claim amount of Rs. 4,08,953/- in favour of the O.P / financer.

Ld. Advocate for the Complt. has strenuously contended before the Commission that the repossession of the vehicle in question and the sale thereof in public auction has not been done in accordance with law and the arbitral award has also been passed exparte without the service of any notice. His further contention is that the O.P / financer has managed to get the vehicle in question repossessed and the arbitral award passed by taking recourse to act of forgery and manipulation.

It is a well settled principle of law in view of Section 100 of Consumer Protection Act of 2019 that the instant proceeding and arbitration proceeding are both concurrent and can proceeds simultaneously. But once either of the proceedings is concluded by an award it will be binding on the other forum otherwise it will give rise to conflict of decision. In view of the arbitral award already passed in the matter prior to the filing of the  instant complaint case the Commission has no power and  jurisdiction to take an independent view by bypassing the arbitral award.The Complt is at liberty to assail the arbitral award before the competent court of law.

 

Hence it is,

Ordered.

 

that the case be and the same is dismissed on contest but without cost. Let a plain copy of this order be given to the parties free of cost.

                       

 

(Smt.A.Nanda)                                                                                                   (Samiran Dutta)

  Ld. Member                                                                                                         Ld. President                                                                                                                                              District Commission

            Paschim Medinipur