D.O.F: 28/2/13
D.o.O:29/01/16
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.71/13
Dated this, the 29th day of January 2016
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Abdul Rahiman.P S/o P.C.Mammu,
R/at CHC Road, Kumbla,Koipady Kasaragod. : Complainant
The Manager, TATA Motor Finance
A Division of Tata Motors .Ltd,
2nd floor, Opp. Ramananda Oil Mill, : Opposite party
South Bazar, Kannur. 670002.
ORDER
SMT.P.RAMADEVI : PRESIDENT
Opposite party 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/
SENIOR SUPERINTENDENT
