A consumer complaint is not maintainable before Consumer Fora if an arbitral award has already been passed regarding the same dispute between the parties.

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal under Section 41 of the Consumer Protection Act, 2019 has been directed against the impugned judgment and order dated 17.01.2020 passed by learned District Consumer Disputes Redressal Forum, Haridwar (hereinafter to be referred as “The District Commission”) in consumer complaint No. 82 of 2017, styled as Sh. Uday Singh Vs. Manager, Tata Motors Finance Limited and others, wherein and whereby the consumer complaint was allowed and the opposite parties to the consumer complaint were directed to refund the amount of loan installments deposited by respondent No. 1 / complainant to the tune of Rs. 7,26,600/- together with interest @6% p.a. from 20.02.2017, i.e., the date of filing of the consumer complaint till payment, besides to pay litigation expenses of Rs. 5,000/-.

The facts giving rise to the present appeal, in brief, are, as such that on 01.01.2013, respondent No. 1 / complainant had purchased a truck (Tata 407) bearing registration No. UK07-CA-6460 after availing finance facility from the appellant – financier. The loan amount was to be repaid in 48 monthly installments of Rs. 17,300/- each, which included the amount of premium towards insurance of the vehicle. The complainant had paid 42 loan installments and the loan amount was to be repaid by 31st December, 2016. There was some delay in payment of 4 (four) loan installments, as a result of which, the vehicle was seized by the financier on 14.09.2016 from Gulshan Park, Saharanpur, without informing the complainant. On 01.11.2016, the complainant visited the office of the financier with cash amount of Rs. 60,000/-, but the officials of the financier refused to accept the amount. On 29.11.2016, the complainant received a call from one Ms. Jasmeen, who told the complainant to bring the original registration certificate of the vehicle to the office of RTO, Dehradun for updating the same. The complainant visited the office of financier with original registration certificate of the vehicle as well as cheque of Rs. 1,00,000/-. The financier took the original registration certificate of the vehicle and threw the complainant out from the office, stating that the vehicle was sold. The complainant through his Advocate sent a legal notice dated 06.12.2016 to the opposite parties of the consumer complaint, followed by 21.12.2016, but all in vain. Thereafter, the consumer complaint was set in motion by the complainant before the District Commission.

The appellant / opposite party Nos. 1 & 3 (financier) filed written statement before the District Commission and pleaded that in terms of the agreement dated 07.01.2013 executed between the financier and the borrower, the complainant is bound to make payment of the loan installments to the financier. After availing the loan, the complainant did not pay the admitted amount of installments and a sum of Rs. 5,50,186.19/- has fallen due against him, which is inclusive of interest and other charges. On account of default / failure on the part of the complainant in payment of loan installments, the financier had invoked the arbitration clause and appointed Ms. Kainaz Irani, Advocate as a Sole Arbitrator, who had entered into the reference on 17.08.2015 and thereafter passed the arbitral award dated 06.11.2015 in favour of the financier as against the complainant and guarantor – Sh. Mahender Singh (respondents in the arbitration case). There has not been any deficiency in service on the part of the financier and the consumer complaint is liable to be dismissed.

Respondent No. 2 / opposite party No. 2 did not file any written statement before the District Commission.

The District Commission, after hearing learned counsel for the appellant – financier as well as learned counsel for respondent No. 1 / complainant and after taking into consideration the material available on record, allowed the consumer complaint vide impugned judgment and order dated 17.01.2020 in th