MAGMA FINCORP LIMITED Vs. MATARAM MUNDA

JUDGEMENT

(1.) Petitioner being aggrieved by order dated 14.8.2012, passed by State Consumer Disputes Redressal Commission, Cuttack (for short, 'State Commission) has filed the present revision petition.

(2.) Respondent/complainant filed a complaint before District Consumer Disputes Reddressal Forum, Keonjhar (for short, 'District Forum') on the ground of deficiency in service against the petitioner/opposite party. Respondent's case is that in order to supplement his livelihood, he accepted offer of the petitioner to purchase a tipper on hire purchase basis. Petitioner agreed to finance Rs.8,30,000/-, repayable in 47 monthly instalments. Respondent made down payment of Rs.3,01,317/-. After payment of total consideration amount of Rs.11,31,317/-, tipper was purchased from the authorized dealer. It is alleged that without any reason and with the help of some anti-social elements at the behest of the petitioner, they forcibly took the tipper.

(3.) Petitioner in its written statement took the defence that in view of the arbitration clause as per agreement between the parties, complaint is not maintainable.