This appeal is directed against order dated The cex we sell assistant superintendent was effective from The first cex we sell assistant superintendent instalments were of Rs. At the time of repossession of cex we sell assistant superintendent vehicle by the O.
Hence the order passed by the learned District Forum is illegal and is not sustainable in eye of law and is liable to be set aside. He placed reliance on judgment of Hon'ble Supreme Court in case of Citicorp. Shri Rakesh Puri, learned counsel for the O. Therefore, the District Forum, has no jurisdiction to try the case. We have heard learned counsel for both the parties and have also perused the record of the District Forum.
Jalan, Advocate for the claimant. In the case of Instalment Supply Ltd. Kangra Ex-Serviceman Transport Co. Madhusudhan Reddy Suprait appears that remedy of the arbitration is not only the remedy available to the parties.
It is optional remedy. Either one of the parties of Hire Purchase Agreement can either seek reference to arbitration or to file a complaint under Consumer Protection Act. If one of the parties opts for the remedy of arbitration, then it may be possible to say that he cannot, subsequently, file complaint under the Consumer Protection Act If he chooses for arbitration proceedings in the first instance, then he cannot file a complaint before the Consumer Forum.
In Instalment Supply Ltd. SupraHon 'ble National Commission observed that if arbitration award already passed - all disputes between complainant and O. In the instant case, the O.
If once award is passed by the Arbitrator then only remedy available to an aggrieved party is to file an application under Section 34 of the Arbitration and Reconciliation Act, for setting aside the award.
Looking to the facts and circumstances of the we are of the view that once the matter is cex we sell assistant superintendent to the Cex we sell assistant superintendent and award is passed by the Arbitrator, then the complaint before the District Forum, under Consumer Protection Actis not maintainable. So far as merit of the case is concerned, learned District Forum has observed in para no. It appears that the O.
In these circumstances the O. In view of aforesaid discussions, the finding recorded by the District Forum is just and proper and the impugned order is a speaking and well reasoned order.
It does not suffer from any infirmity, illegality or irregularity and does not call for interference by this Commission. No order as to the cost of this appeal. Cites 19 docs - [ View All ]. Try out our Premium Member services: Free for one month and pay only if you like it.
State Consumer Disputes Redressal Commission.
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